Missouri Revised Statutes













Chapter 516

Statutes of Limitation

←516.095

Section 516.097.1

516.098→

August 28, 2015

Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions.

516.097. 1. Any action to recover damages for economic loss, personal

injury, property damage or wrongful death arising out of a defective or

unsafe condition of any improvement to real property, including any action for

contribution or indemnity for damages sustained on account of the defect or

unsafe condition, shall be commenced 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 construction, including architectural,

engineering or construction services, of the improvement.



3. If any action is commenced against any person specified by subsection

2 of this section, such person may, within one year of the date of the filing

of such action, notwithstanding the provisions of subsection 1 of this

section, commence an action or a third party action 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 barred by another provision of law;



(2) If a person conceals any defect or deficiency in the design,

planning or construction, including architectural, engineering or

construction services, in an improvement for real property, 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 possessor of real

estate or improvements on such real estate.



5. The statute of limitation for buildings completed on August 13, 1976,

shall begin to run on August 13, 1976, and shall be for the time specified in

this section.



6. Notwithstanding subsection 1 of this section, if an occupancy permit

is issued, the ten-year period shall commence on the date the occupancy

permit is issued.



(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.).





1991



1991



516.097. 1. Any action to recover damages for personal

injury, property damage or wrongful death arising out of a

defective or unsafe condition of any improvement to real

property, including any action for contribution or indemnity for

damages sustained on account of the defect or unsafe condition,

shall be commenced within ten years of the date on which any 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

construction, including architectural, engineering or

construction services, of the improvement.



3. If any action is commenced against any person specified

by subsection 2, any such person may, within one year of the date

of the filing of such an action, notwithstanding the provisions

of subsection 1, commence an action or a third party action for

contribution or indemnity for damages sustained or claimed in any

action because of 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 if:



(1) An action is barred by another provision of law;



(2) A person conceals any defect or deficiency in the

design, planning or construction, including architectural,

engineering or construction services, in an improvement for real

property, if the defect or deficiency so concealed directly

results in the defective or unsafe condition for which the action

is brought;



(3) The action is brought against any owner or possessor of

real estate or improvements thereon.



5. The statute of limitation for buildings completed on

August 13, 1976, shall begin to run on August 13, 1976, and shall

be for the time specified herein.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.