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SB59 Alabama 2011 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Cam Ward
Cam Ward
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. (2011-20271)
Summary

SB59 changes the time to sue architects, engineers, or builders: file within two years after a problem happens, and no suit can be started more than seven years after construction is finished, with a discovery rule for latent injuries.

What This Bill Does

It sets a uniform two-year window to begin actions against architects, engineers, or builders from when damage or injury occurs (or is discovered for latent injuries) and bars actions more than seven years after substantial completion. It includes a discovery rule so the clock starts at discovery for hidden problems. It also preserves the right to sue for breaches of written warranties, contracts, or indemnities that extend beyond seven years and clarifies how timing works when ownership or possession of the property is involved.

Who It Affects
  • Architects, engineers, and builders, who would be subject to a two-year filing window from when damage occurs and a seven-year repose after substantial completion (with discovery rules and possession-related considerations).
  • Property owners and other plaintiffs who may sue for damages, injuries, or property loss caused by construction defects, under the two-year accrual rule, seven-year cap, discovery rule, and warranty/contract indemnity provisions.
Key Provisions
  • Sets a two-year period to commence actions from when a cause accrues or arises, with a seven-year cap after substantial completion and a discovery rule for latent injuries.
  • Preserves the ability to pursue breaches of written express warranties, contracts, or indemnities that extend beyond seven years and clarifies accrual timing and ownership-possession considerations within the limits.
AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Statute of Repose

Bill Actions

Forwarded to Governor

Assigned Act No. 2011-519.

Signature Requested

Enrolled

Passed Second House

Oden and Wren intended to Abstain

Motion to Read a Third Time and Pass adopted Roll Call 929

Hammon Previous Question motion adopted Roll Call 928

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Commerce and Small Business

Engrossed

Motion to Read a Third Time and Pass adopted Roll Call 314

Motion to Adopt adopted Roll Call 313

Judiciary first Substitute Offered

Third Reading Passed

Read for the second time and placed on the calendar with 1 substitute and

Read for the first time and referred to the Senate committee on Judiciary

Bill Text

Votes

Motion to Read a Third Time and Pass

April 19, 2011 Senate Passed
Yes 29
No 1
Absent 5

Hammon Previous Question motion

May 26, 2011 House Passed
Yes 60
No 30
Abstained 1
Absent 14

Motion to Read a Third Time and Pass

May 26, 2011 House Passed
Yes 70
No 23
Absent 12

Documents

Source: Alabama Legislature