Section 600.5839 - Limitation of actions against licensed architect, professional engineer, contractor, or licensed land surveyor; definitions; applicability of subsection (1). - Michigan Statutes

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.5839 Limitation of actions against licensed architect, professional engineer, contractor, or licensed land surveyor; definitions; applicability of subsection (1).

Sec. 5839.

(1) No person may maintain any action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained as a result of such injury, against any state licensed architect or professional engineer performing or furnishing the design or supervision of construction of the improvement, or against any contractor making the improvement, more than 6 years after the time of occupancy of the completed improvement, use, or acceptance of the improvement, or 1 year after the defect is discovered or should have been discovered, provided that the defect constitutes the proximate cause of the injury or damage for which the action is brought and is the result of gross negligence on the part of the contractor or licensed architect or professional engineer. However, no such action shall be maintained more than 10 years after the time of occupancy of the completed improvement, use, or acceptance of the improvement.

(2) No person may maintain any action to recover damages based on error or negligence of a state licensed land surveyor in the preparation of a survey or report more than 6 years after the delivery of the survey or report to the person for whom it was made or the person's agent.

(3) As used in this section, “state licensed architect or professional engineer” or “state licensed land surveyor” means any individual so licensed, or any corporation, partnership, or other business entity on behalf of whom the state licensed architect, professional engineer, or land surveyor is performing or directing the performance of the architectural, professional engineering, or land surveying service.

(4) As used in this section, “contractor” means an individual, corporation, partnership, or other business entity which makes an improvement to real property.

(5) The amendments to subsection (1) added by this amendatory act shall not apply to any state licensed architect or professional engineer performing or furnishing the design or supervision of construction of an improvement if, prior to the effective date of this amendatory act, 6 or more years have expired after the time of occupancy of the completed improvement, use, or acceptance of the improvement.

(6) The changes to subsection (1) made by this 1985 amendatory act shall apply only to a cause of action which accrues on or after the effective date of this 1985 amendatory act and shall not apply to a cause of action which accrues before the effective date of this 1985 amendatory act.

History: Add. 1967, Act 203, Eff. Nov. 2, 1967 ;-- Am. 1985, Act 188, Eff. Mar. 31, 1986
Constitutionality: In O'Brien v Hazelet & Erdal, 410 Mich 1; 299 NW2d 336 (1980), the Michigan supreme court held that this statute does not violate constitutional precepts of due process and equal protection.