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Senate committee backs 10-year statute of repose for land surveyors with landowner parity

Senate Committee on Commerce and Consumer Protection (joint agendas) · February 8, 2025
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Summary

Senators voted Feb. 7 to pass SB 1506 with amendments adding landowner parity so both surveyors and landowners share a 10-year repose; the Attorney General had raised equal-protection concerns, and surveyor representatives argued indefinite liability would hamper long-term disaster recovery work.

The committee passed SB 1506 Feb. 7, a bill that establishes a statute of repose for professional land surveyors prohibiting civil actions against a surveyor after 10 years from completion of the work or final payment.

Sheena Choi, executive officer for the DCCA Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, stood on the board’s written testimony and said the board appreciated the bill’s intent. Several surveyor witnesses argued indefinite liability is burdensome—particularly for legacy firms and sole proprietors—and that digital recordkeeping does not eliminate decades-long preservation and evidence issues. One witness noted that 19 other states have repose statutes for surveyors with average terms around seven years.

The Attorney General’s office raised equal‑protection and constitutionality concerns, suggesting that the bill could prejudice real-property owners who might be unable to recoup losses; committee discussion led to adding landowner parity so the landowner shares the same repose protection as the surveyor. The committee also defected the measure’s effective date to 07/01/2050 to allow further implementation work.

Next steps: SB 1506 moves on with committee amendments adding landowner parity and a delayed effective date; staff and sponsors will continue to address AG concerns in drafting final text.