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Enrolled Version - Final Version Senate Bill 489 History

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ENROLLED

Senate Bill No. 489

(By Senator Carmichael)

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[Passed March 10, 2015; in effect ninety days from passage.]

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AN ACT to amend and reenact §55-2-6a of the Code of West Virginia, 1931, as amended, relating to extending certain existing limits on the filing of civil actions to those actions arising from the actual surveying of real property.

Be it enacted by the Legislature of West Virginia:

            That §55-2-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.

§55-2-6a. Deficiencies, injuries or wrongful death resulting from any improvements to or survey of real property; limitation of actions and suits.

            No action, whether in contract or in tort, for indemnity or otherwise, nor any action for contribution or indemnity to recover damages for any deficiency in the planning, design, surveying, observation or supervision of any construction or the actual construction of any improvement to real property, or the actual surveying of real property, or, to recover damages for any injury to real or personal property, or, for an injury to a person or for bodily injury or wrongful death arising out of the defective or unsafe condition of any improvement to real property, or the survey of real property, may be brought more than ten years after the performance or furnishing of the services or construction. However, the above period is tolled according to section twenty-one of this article. The period of limitation provided in this section does not commence until the improvement to the real property, or the survey of the real property in question has been occupied or accepted by the owner of the real property, whichever occurs first.

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