Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 55 - Limitation of Time
Section 5538 - Landscape architecture


(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

Extra - Chapter Notes

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 5531 - No limitation

Section 5532 - Absence or concealment

Section 5533 - Infancy, insanity or imprisonment

Section 5534 - War

Section 5535 - Effect of other actions and proceedings

Section 5536 - Construction projects

Section 5537 - Land surveying

Section 5538 - Landscape architecture

Section 5539 - Real estate appraisals

Section 5551 - No limitation applicable

Section 5552 - Other offenses

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