Minnesota Session Laws - 2018, Regular Session

CHAPTER 116--H.F.No. 2743

An act

relating to civil actions; regulating actions for damages based on services or construction to improve real property; providing for a limitation on actions;

amending Minnesota Statutes 2016, section 541.051, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 541.051, subdivision 1, is amended to read:

Subdivision 1.

Limitation; service or construction of real property; improvements.

(a) Except where fraud is involved, no action by any person in contract, tort, or otherwise to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, shall be brought against any person performing or furnishing the design, planning, supervision, materials, or observation of construction or construction of the improvement to real property or against the owner of the real property more than two years after deleted text begin discovery of the injury deleted text end new text begin the cause of action accrues, as specified in paragraph (c) new text end , nor in any event shall such a cause of action accrue more than ten years after substantial completion of the construction. Date of substantial completion shall be determined by the date when construction is sufficiently completed so that the owner or the owner's representative can occupy or use the improvement for the intended purpose.

(b) Notwithstanding paragraph (a), an action for contribution or indemnity arising out of the defective and unsafe condition of an improvement to real property may be brought no later than two years after the cause of action for contribution or indemnity has accrued, regardless of whether it accrued before or after the ten-year period referenced in paragraph (a), provided that in no event may an action for contribution or indemnity be brought more than 14 years after substantial completion of the construction.

(c) For purposes of new text begin determining only when the statute of limitations begins to run pursuant to new text end paragraph (a), a cause of action accrues new text begin : (1) for a bodily injury or wrongful death action, new text end upon discovery of the injury new text begin ; and (2) for an action for injury to real or personal property, upon discovery of the injury, but in no event does a cause of action accrue earlier than substantial completion, termination, or abandonment of the construction or the improvement to real property new text end . For purposes of paragraph (b), a cause of action for contribution or indemnity accrues upon the earlier of commencement of the action against the party seeking contribution or indemnity, or payment of a final judgment, arbitration award, or settlement arising out of the defective and unsafe condition.

(d) Nothing in this section shall apply to actions for damages resulting from negligence in the maintenance, operation or inspection of the real property improvement against the owner or other person in possession.

(e) The limitations prescribed in this section do not apply to the manufacturer or supplier of any equipment or machinery installed upon real property.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to causes of action accruing on or after that date. new text end

Presented to the governor May 4, 2018

Signed by the governor May 8, 2018, 12:28 p.m.