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.).
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 516 - Statutes of Limitation
Section 516.010 - Actions for recovery of lands commenced, when.
Section 516.020 - Right of possession not affected by descent.
Section 516.030 - Disabilities — twenty-one years.
Section 516.040 - Possession of land under color of title, effect.
Section 516.050 - Limitation where person under disability dies.
Section 516.070 - Limitation where equitable title to land emanates from government.
Section 516.080 - When legal title has not emanated from the United States.
Section 516.090 - Statute not to extend to certain lands.
Section 516.095 - Action for breach of covenant restricting land use, barred, when.
Section 516.098 - Surveys of land error or omissions — action must be brought when.
Section 516.100 - Period of limitation prescribed.
Section 516.103 - No tolling by filing of administrative actions, certain suits.
Section 516.105 - Actions against health care and mental health providers (medical malpractice).
Section 516.110 - What action shall be commenced within ten years.
Section 516.120 - What actions within five years.
Section 516.130 - What actions within three years.
Section 516.140 - What actions within two years.
Section 516.145 - What actions within one year.
Section 516.150 - No action to foreclose mortgage after note barred.
Section 516.160 - In account current, when cause of action accrued.
Section 516.170 - May delay filing of action, when.
Section 516.180 - On death of person under disability, cause of action survives.
Section 516.190 - Limitations on actions originating in other states.
Section 516.210 - Time not to be computed during a war.
Section 516.220 - Not to apply to what.
Section 516.230 - Further savings in cases of nonsuits.
Section 516.240 - If defendant dies, when and against whom new suit to be brought.
Section 516.250 - Suit abated by death of plaintiff, when — when and by whom new suit brought.
Section 516.260 - Suit stayed by injunction, time not computed.
Section 516.270 - Disability not to avail, unless.
Section 516.280 - Limitation not to be extended by improper acts of defendant.
Section 516.290 - Effect of two or more existing disabilities.
Section 516.300 - Actions otherwise limited.
Section 516.310 - Demands against corporations.
Section 516.320 - Actions barred, only revived by written promise.
Section 516.330 - One joint debtor cannot revive a demand against other debtor.
Section 516.340 - Sections 516.320 and 516.330 construed.
Section 516.360 - Sections 516.010 to 516.370 to apply to the state as well as to private parties.
Section 516.370 - Limitation not to apply to setoffs, when.
Section 516.371 - Limitation on action for sexual contact by certain persons.
Section 516.380 - Actions on penal statutes to be brought in one year.
Section 516.390 - When penalty goes to the state, within two years.
Section 516.400 - When penalty goes to party aggrieved, three years.
Section 516.410 - Sections 516.380 to 516.400 construed.