Page:United States Statutes at Large Volume 86.djvu/1317

 86 STAT. ]

PUBLIC LAW 92-579~OCT. 27, 1972

SEC. 17. There are hereby authorized to be appropriated not to exceed $1,000,000 for the development of the plan to be prepared pursuant to section 5 of this Act. No appropriations shall be made from the Land and Water Conservation F u n d established by the Act of September 3, 1964 (78 Stat. 897, as amended, 16 U.S.C. 4601), to effectuate the purposes of this Act. Approved October 27, 1972.

1275 Appropriation. Prohibition.

Public Law 92-579 AN ACT

October 2 7, 197:!

To amend title 12, District of Columbia Code, to provide a limitation of actions for actions arising out of death or injury caused by a defective or unsafe improvement to real property.

[s. 1524]

Be it enacted by the Senate and House of Representatives of the D.C. United States of America in Congress assembled, SECTION 1. (a) Chapter 3 of title 12 of the District of Columbia reaTp'r°opeTt^y'!*'° Code (relating to limitation of actions) is amended by adding at the Death or injury end the following new section: "'77°stat!ti"o""''"' "§12-310. Actions arising out of death or injury caused by ^Q{^'^°^^ ^'^' defective or unsafe improvements to real property " (a)(1) Except as provided in subsection (b), any action— " (A) to recover damages for— "(i) personal injury, " (ii) injury to real or personal property, or "(iii) wrongful death, ' resulting from the defective or unsafe condition of an improvement to real property, and " (B) for contribution or indemnity which is brought as a result of such injury or death, shall be barred unless in the case where injury is the basis of such action, such injury occurs within the ten-year period beginning on the date the improvement was substantially completed, or in the case where death is the basis of such action, either such death or the injury resulting in such death occurs within such ten-year period. "(2) For purposes of this subsection, an improvement to real property shall be considered substantially completed when— " (A) it is first used, or " (B) it is first available for use after having been completed in accordance with the contract or agreement covering the improvement, including any agreed changes to the contract or agreement, whichever occurs first. "(b) The limitation of actions prescribed in subsection (a) shall not apply to— " (1) any action based on a contract, express or implied, or "(2) any action brousrht against the person who, at the time the defective or unsafe condition of the improvement to real property caused injury or death, was the owner of or in actual possession or control of such real property." (b) The table of sections for such chapter 3 is amended by adding at the end the following new item: "12-310. Actions arising out of death or injury caused by defective or unsafe improvements to real property."

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