Section 516.097

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 516

Effective - 28 Aug 2002   

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

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(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.).