The enactment of HB124 may significantly impact the legal landscape for land surveyors by providing them with greater security against potential lawsuits related to their professional services after a ten-year period. This provision is expected to alleviate concerns over ongoing liability for past work and might encourage more professionals to engage in land surveying without fear of litigation for work completed many years prior. By establishing a clear time limit, the bill also has the potential to reduce frivolous lawsuits that could otherwise arise years after services are rendered.
Summary
House Bill 124 establishes a statute of repose for professional land surveyors in Hawaii, setting a ten-year limit on the time frame within which a civil action can be initiated against them following the completion of their work. The bill acknowledges the unique nature of land surveying as a profession and aims to provide an added layer of legal protection for surveyors similar to those afforded to other design professionals such as architects and engineers under existing law. This statute will become operative once the bill is approved by the legislature.
Contention
While the bill seeks to protect land surveyors, there may be arguments regarding the balance between protecting professionals and ensuring accountability for their work. Critics might raise concerns that a ten-year limit could hinder clients’ ability to seek recourse for legitimate grievances that arise beyond this time frame, particularly in cases where issues may not become apparent until years later. Opponents may argue this could lead to insufficient recourse for property owners or clients in the event of professional negligence or other issues occurring as a result of surveying errors.