Section 16 Statute of Repose

• Library: Prof Liability 2005

Missouri has a statute of repose, § 516.097, RSMo Supp. 2004, relating to tort actions against architects, engineers, or builders of defective improvements to real property, holding that these actions must be brought within ten years of completion of the improvement.

There are some exceptions. The statute holds that:

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.

Section 516.097.1.

The section goes on to say that:

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.

Section 516.097.2.

Section 516.097.3 provides that, if any action is commenced against any person, they:

May, within one year of the date of the filing of such action . . . 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.

Section 516.097 does 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.

Section 516.097.4.

It is interesting to note that there is also a statute for land surveyors, § 516.098, RSMo 2000, which basically states that, except when fraud is involved, no action to recover damages for an error or omission in a survey may be brought against a surveyor more than five years after discovery of the error or omission. This five-year period applies to actions for contribution or indemnity as well.

It has been held that, as a general rule, the date when a limitation...