Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions
If someone is hurt or loses money because a building or other improvement was built with a defect, they have up to 10 years from when the work was finished to sue the architect, engineer, or builder. After 10 years, the case is too late. There are exceptions — for example, if the builder hid the defect on purpose, the time limit does not protect them.
516.097. against architects, engineers or builders of defective must be brought within ten years of completion of improvement, . — 1. Any to recover for , personal injury, property damage or arising out of a defective or unsafe condition of any improvement to real property, including any action for or for damages on account of the defect or unsafe condition, shall be within ten years of the date on which such improvement is completed.
2. This section shall only apply to actions against any person whose sole connection with the improvement is performing or furnishing, in whole or in part, the design, planning or , including architectural, engineering or construction services, of the improvement.
3. If any action is commenced against any person specified by 2 of this section, such person may, within one year of the date of the of such action, the of subsection 1 of this section, commence an action or a for contribution or indemnity for damages sustained or claimed in any action because of economic loss, personal injury, property damage or wrongful death arising out of a defective or unsafe condition of any improvement to real property.
4. This section shall not apply:
(1) If an action is by another of law;
(2) If a person conceals any defect or in the design, planning or construction, including architectural, engineering or construction services, in an improvement for , if the defect or deficiency so concealed directly results in the defective or unsafe condition for which the action is brought;
(3) To limit any action brought against any owner or of or improvements on such real estate.
5. The for buildings completed on August 13, 1976, shall begin to on August 13, 1976, and shall be for the time specified in this section.
6. Notwithstanding subsection 1 of this section, if an is issued, the ten-year period shall commence on the date the occupancy permit is issued.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1976 H.B. 1363, A.L. 2002 S.B. 840) (2000) Sale, assembly and installation of a prefabricated product does not constitute substantial on-site construction within meaning of section. Lay v. P & G Health Care, Inc., 37 S.W.3d 310 (Mo.App.W.D.).
Related Missouri laws
Surveys of land error or omissions
RSMo 516.098
Action for breach of covenant restricting land use, barred, when
RSMo 516.095
Period of limitation prescribed
RSMo 516.100
No tolling by filing of administrative actions, certain suits
RSMo 516.103
Statute not to extend to certain lands
RSMo 516.090
Actions against health care and mental health providers (medical malpractice)
RSMo 516.105
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.