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. - Missouri Statutes

Tort action against architects, engineers or builders of defectiveimprovement to real property must be brought within ten years ofcompletion of improvement, exceptions.

516.097. 1. Any action to recover damages for economic loss,personal injury, property damage or wrongful death arising out of adefective or unsafe condition of any improvement to real property,including any action for contribution or indemnity for damages sustained onaccount of the defect or unsafe condition, shall be commenced within tenyears of the date on which such improvement is completed.

2. This section shall only apply to actions against any person whosesole connection with the improvement is performing or furnishing, in wholeor 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 bysubsection 2 of this section, such person may, within one year of the dateof the filing of such action, notwithstanding the provisions of subsection1 of this section, commence an action or a third party action forcontribution or indemnity for damages sustained or claimed in any actionbecause of economic loss, personal injury, property damage or wrongfuldeath arising out of a defective or unsafe condition of any improvement toreal 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 orconstruction services, in an improvement for real property, if the defector deficiency so concealed directly results in the defective or unsafecondition for which the action is brought;

(3) To limit any action brought against any owner or possessor ofreal 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 timespecified in this section.

6. Notwithstanding subsection 1 of this section, if an occupancypermit is issued, the ten-year period shall commence on the date theoccupancy permit is issued.

(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.).