New York A 4907: Repeals and reenacts provisions on time limitations on certain actions against professional engineers, architects, other designers and construction contractors; repealer

Bill Text

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A04907 Summary:

BILL NOA04907A

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SAME ASSAME AS S02146-A

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SPONSORPretlow

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COSPNSRSantabarbara, McDonald, Eachus

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MLTSPNSR

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Rpld & add §214-d, amd §214, rpld R3211 sub (h), R3212 sub (i), CPLR

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Repeals and reenacts statute of limitation provisions on wrongful death, personal injury and property damage actions against professional engineers, architects, landscape architects, land surveyors, geologists and construction contractors to provide for a limitations period of ten years after completion of improvement to real property; "completion", which constitutes the accrual date for the limitations period, is defined; provides for a one year extension for injuries to person or property or wrongful death which occur during the tenth year after completion.

Go to top A04907 Actions:

BILL NOA04907A

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02/10/2025referred to higher education

12/08/2025amend (t) and recommit to higher education

12/08/2025print number 4907a

01/07/2026referred to higher education

Go to topA04907 Committee&nbspVotes:

Go to topA04907 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04907 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4907--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
 tee on Higher Education -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the civil practice law and rules, in relation to provid-
 ing a statute of limitations for certain actions against professional
 engineers, architects, landscape architects, land surveyors, geolo-
 gists and construction contractors and to repeal section 214-d, subdi-
 vision (h) of rule 3211 and subdivision (i) of rule 3212 of the civil
 practice law and rules relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Statement of findings and purpose. The legislature finds
 2 that (a) the open-ended and continuing liability imposed upon members of
 3 the design professions and construction contractors, due to alleged
 4 deficiencies relating to improvements to real property, has resulted in
 5 an unfair burden on such professionals and a general increase in the
 6 cost of both public and private improvements to real property, (b) the
 7 cost of maintaining adequate insurance coverage is so expensive that a
 8 significant number of design professionals and construction contractors
 9 are forced to forego insurance coverage altogether to the detriment of
 10 the public's safety and welfare. The legislature further finds that the
 11 best designed and constructed improvement is dependent upon proper main-
 12 tenance to preserve its integrity and safety and it is thus of impor-
 13 tance to the public safety and welfare to ensure than an owner maintains
 14 and repairs that which is the property of the owner. The legislature
 15 therefore finds that it is necessary and desirable to establish a time
 16 limit after which tort claims for personal injury or wrongful death may
 17 not be asserted against such professionals and contractors. That statute
 18 of repose set forth herein, with a claim accruing on the date that the
 19 improvement was completed, will preserve the liability of the profes-
 20 sional and contractor during a period in which the defects, if any, will

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03256-03-5

 A. 4907--A 2

 1 be revealed, and therefore will establish an appropriate limit on
 2 liability, while affording adequate protection to the public.
 3 § 2. Section 214-d of the civil practice law and rules is REPEALED and
 4 a new section 214-d is added to read as follows:
 5 § 214-d. Limitations on certain actions against professional engi-
 6 neers, architects, landscape architects, land surveyors, geologists or
 7 construction contractors. 1. Except as otherwise provided in subdivision
 8 two of this section, no action to recover damages for injury to the
 9 person or for wrongful death or for damage to property nor any action
 10 for contribution or