HB132 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Gregory Canfield
Republican
Session: Regular Session 2011
Title: Civil actions against architects, engineers, or builders, statute of repose decreased, Secs. 6-5-221, 6-5-222, 6-5-225, 6-5-227 am'd. (2011-20201)
Summary: HB132 would shorten Alabama's time to sue architects, engineers, and builders to seven years after substantial completion, with a two-year window to file after a claim accrues and a discovery rule for latent injuries.
What This Bill Does
Sets a seven-year statute of repose after substantial completion for civil actions against architects, engineers, and builders, meaning lawsuits must be brought within seven years unless an exception applies. Requires lawsuits to be filed within two years after the cause of action accrues, and introduces a discovery rule so the accrual clock can start later if injuries are latent or not reasonably discovered. Includes an ownership-possession exception where time spent by the owner or actual possessor of the property during the seven-year period does not count toward the bar. For written express warranties, contracts, or indemnities extending beyond seven years, contract actions must be filed within two years after accrual and within the term of the warranty or indemnity.

Who It Affects
Architects and engineers would face a shorter overall period to be sued (seven years after substantial completion) and a two-year filing window from when a claim accrues, with a discovery rule for latent injuries.
Builders/general contractors would face the same time limits and rules as architects and engineers, including the impact of ownership/possession during the period and warranty-related timing.

Key Provisions
Amends sections 6-5-221, 6-5-222, 6-5-225, and 6-5-227 to establish a seven-year statute of repose after substantial completion for actions against architects, engineers, and builders, with a two-year period to commence from accrual.
Introduces a discovery rule: the two-year filing period starts when injury or damage occurs, or when it is discovered if not reasonably discoverable earlier, for certain actions including contract claims.
Provides that if the architect, engineer, or builder owned or had actual possession/control of the improvement at any time during the seven-year period, that ownership time does not count toward the seven-year bar.
Allows written express warranties, contracts, or indemnities that extend beyond seven years to continue, but actions arising out of such warranties must be brought within two years after accrual and within the warranty term.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Statute of Repose