§657-8  Limitation of action for damages based on construction to improve real property.  (a)  No action, whether in contract, tort, statute, or otherwise, 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 ten years after the date of completion of the improvement.

     (b)  This section shall not be construed to extend any shorter period of limitation under this chapter, including the six-year statute of limitations under section 657-1 or the two-year statute of limitations for damages to persons or property under section 657-7, as applicable, subject to the ten-year statute of repose under subsection (a).

     (c)  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.  An improvement shall be deemed substantially complete upon the earliest of the following:

     (1)  The issuance of a certificate of occupancy; or

     (2)  The filing of an affidavit of publication and notice of completion within the circuit court of the judicial circuit where the property is situated in compliance with section 507-43(f).

If the improvement consists of multiple buildings or improvements, each building or improvement shall be considered as a separate improvement for the purpose of determining the limitations period set forth in this section.

     (d)  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.

     (e)  Nothing in this section shall exclude or limit the liability provisions as set forth in the products liability laws.

     (f)  For the purposes of this section:

     "Date of completion" means the time when there has been substantial completion of the improvement or the improvement has been abandoned.

     "Improvement" has the same meaning as in section 507-41. [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; am L 2025, c 308, §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 a result of defendant's alleged misleading conduct.  930 F. Supp. 1411 (1996).

  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 (1973).

  Homeowner's suit not barred because rights matured before 1972 amendments took effect.  64 H. 80, 636 P.2d 1348 (1981).

  Section held violative of equal protection.  65 H. 26, 647 P.2d 276 (1982).