§657-8  Limitation of action for damages
based on construction to improve real property.  (a)  No action to recover
damages for any injury to property, real or personal, or for bodily injury or
wrongful death, arising out of any deficiency or neglect in the planning,
design, construction, supervision and administering of construction, and
observation of construction relating to an improvement to real property shall
be commenced more than two years after the cause of action has accrued, but in
any event not more than ten years after the date of completion of the
improvement.



(b)  This section shall not apply to actions
for damages against owners or other persons having an interest in the real
property or improvement based on their negligent conduct in the repair or
maintenance of the improvement or to actions for damages against surveyors for
their own errors in boundary surveys.  The term "improvement" as used
in this section shall have the same meaning as in section 507-41 and the phrase
"date of completion" as used in this section shall mean the time when
there has been substantial completion of the improvement or the improvement has
been abandoned.  The filing of an affidavit of publication and notice of
completion with the circuit court where the property is situated in compliance
with section 507-43(f) shall be prima facie evidence of the date of
completion.  This section shall not be construed to prevent, limit, or extend
any shorter period of limitation applicable to sureties provided for in any
contract or bond or any other statute, nor to extend or add to the liability of
any surety beyond that for which the surety agreed to be liable by contract or
bond.



(c)  Nothing in this section shall exclude or
limit the liability provisions as set forth in the products liability laws. [L
1967, c 194, §1; HRS §657-8; am L 1972, c 133, §1; am L 1974, c 73, §1; am L
1979, c 185, §1; am L 1980, c 70, §2 and c 232, §34; am L 1983, c 120, §1; am L
1994, c 164, §1]



 



Cross References



 



  Contractor repair act, see chapter 672E.



  Statute of limitations; recovery from contractors recovery
fund, see §444-28.



 



Case Notes



 



  Where defendant argued statute of limitations set forth in
pre-1994 version of this section barred plaintiffs' suit, plaintiffs presented
sufficient evidence to create genuine issue of material fact as to their claim
that statute of limitations should be equitably tolled as result of defendant's
alleged misleading conduct.  930 F. Supp. 1411.



  In granting immunity to certain persons, section prior to 1974
amendment was declared violative of equal protection guaranty.  55 H. 7, 514
P.2d 568.



  Homeowner's suit not barred because rights matured before
1972 amendments took effect.  64 H. 80, 636 P.2d 1348.



  Section held violative of equal protection.  65 H. 26, 647
P.2d 276.



 



Hawaii Legal Reporter Citations



 



  Limitation of actions.  79 HLR 79-0011.



  Does not contravene equal protection clauses of U.S. and
State Constitutions.  79 HLR 79-0011.



  Two-year statute of limitations.  79 HLR 79-0161.