(a) General rule.--All actions to recover any or all damages against any person engaged in the practice of landscape architecture occurring as the result of any deficiency, defect, omission, error or miscalculation shall be commenced within 12 years from the time the services are performed. Any such action not commenced within this 12-year period shall be forever barred. The cause of action shall accrue upon substantial completion of the project. Nothing in this section shall be construed as extending the period prescribed by the laws of this Commonwealth for the bringing of any action. The term "practice of landscape architecture" shall be the same as defined in the act of January 24, 1966 (1965 P.L.1527, No.535), known as the Landscape Architects' Registration Law.
(b) Exception.--The limitation prescribed by subsection (a) shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or wrongful death for which it is proposed to commence an action or proceeding.
(June 30, 1988, P.L.464, No.79, eff. imd.)
1988 Amendment. Act 79 added section 5538.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 55 - Limitation of Time
Section 5501 - Scope of chapter
Section 5502 - Method of computing periods of limitation generally
Section 5503 - Commencement of matters
Section 5504 - Judicial extension of time
Section 5505 - Modification of orders
Section 5521 - Limitations on foreign claims
Section 5522 - Six months limitation
Section 5523 - One year limitation
Section 5524 - Two year limitation
Section 5524.1 - Limitation and application for asbestos claims (Unconstitutional)
Section 5525 - Four year limitation
Section 5526 - Five year limitation
Section 5527 - Six year limitation
Section 5527.1 - Ten year limitation
Section 5527.2 - Mesne profits
Section 5527.3 - Reimbursement
Section 5528 - Fifteen year limitation
Section 5529 - Twenty year limitation
Section 5530 - Twenty-one year limitation
Section 5532 - Absence or concealment
Section 5533 - Infancy, insanity or imprisonment
Section 5535 - Effect of other actions and proceedings
Section 5536 - Construction projects
Section 5538 - Landscape architecture
Section 5539 - Real estate appraisals
Section 5551 - No limitation applicable
Section 5553 - Summary offenses involving vehicles
Section 5554 - Tolling of statute
Section 5571 - Appeals generally
Section 5571.1 - Appeals from ordinances, resolutions, maps, etc
Section 5572 - Time of entry of order
Section 5573 - Effect of application for rehearing
Section 5574 - Effect of application for amendment to qualify for interlocutory appeal