Amend Statute of Limitations: Hearing Before Subcommittee No. 1, Ninetieth Congress, First SessionConsiders H.R. 6527, and identical H.R. 6678 and H.R. 11544, to amend D.C. Code to provide time limit concerning civil suits brought against building contractors, architects, etc., for damages to person or property caused by defective or unsafe improvements to real property. |
Other editions - View all
Common terms and phrases
1960 3rd Printing ABERNETHY action accrues actions arising agree American Institute architect or engineer bill Broyhill building codes cause of action Chairman Chapter claims Columbia Code Committee completion of construction CONGRESS THE LIBRARY construction industry CONSULTING ENGINEERS COUNCIL Contract Documents contract or agreement contractor Copyright 1960 3rd D.C. Code date the improvement death or injury defective or unsafe defend District of Columbia DUVALL enacted FAULKNER FRASER improvement to real improvement was substantially injured party injury caused injury occurred injury or death injury to real Institute of Architects KELLER legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS limitation of actions LUNCH Master Builders MCDERMOTT MCMILLAN MENOCAL National Society period is six Professional Engineers Project proposed real or personal real property reasonable ROBERT SCHNABEL SCHNABEL Section Society of Professional statement statute of limitations Statutory period subcommittee subsection suit tion unsafe condition unsafe improvement warranty Washington Building Congress WINN wrongful death
Popular passages
Page 48 - CHANGES IN EXISTING LAW In compliance with clause 3 of rule XIII of the Rules of the House of...
Page 3 - A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration...
Page 36 - Statutes of limitation are vital to the welfare of society and are favored in the law. They are found and approved in all systems of enlightened jurisprudence. They promote repose by giving security and stability to human affairs.
Page 43 - ... and for other purposes, having considered the same, reports favorably thereon, with amendments and recommends that the bill as amended do pass.
Page 3 - An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
Page 3 - A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
Page 20 - Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor ; and all questions as to compensation.
Page 43 - HR 6527 is to provide a limitation on the period of time during which an action may be brought to recover damages, contribution, or indemnity against architects, designers, engineers, or contractors on the ground of a defective or unsafe condition of an improvement to real property. At...
Page 18 - ARBITRATION Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and shall be in accordance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects.
Page 50 - ... shall not begin to run until he comes into the state, or while he is so absconded or concealed; and if after the cause of action accrues he depart from the state or abscond or conceal himself, the time of his absence or concealment shall not be computed as a part of the period within which the action must be brought.