Iowa Code 686.1 – Definitions
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Terms Used In Iowa Code 686.1
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
686.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “”Action”” means any civil action or arbitration proceeding for damages or indemnity
asserting a claim for injury to property, real or personal, arising out of the unsafe or defective
condition of an improvement to real property based on tort, breach of contract, or express or
implied warranty.
2. “”Association”” means an entity or homeowners association created for the purposes
of managing the operations of a community as set forth in a declaration of covenants or
declaration of submission of property to horizontal property regime filed of record in the
county that the property is located.
3. “”Claimant”” means a private owner, a subsequent private owner, or an association, who
asserts a claim in a class action for damages against a general contractor or subcontractor
concerning a construction defect. “”Claimant”” shall not include a public corporation as defined
in § 573.1.
4. “”Construction defect”” means an alleged or actual unsafe or defective condition of an
improvement to real property.
5. “”General contractor”” means a person who does work or furnishes materials by contract,
express or implied, with an owner.
6. “”Owner”” means the legal or equitable titleholder of record to real property or the holder
of a leasehold interest.
7. “”Serve””, “”served””, or “”service”” means delivery by certified mail with a United States
postal service record of evidence of delivery or attempted delivery to the last known address
of the addressee, by hand delivery with written evidence of delivery, or by delivery by any
courier with written evidence of delivery.
8. “”Subcontractor”” means a person furnishing material or performing labor upon any
building, erection, or other improvement to land, except those having contracts directly with
the owner.
2019 Acts, ch 25, §1, 8, 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9
As used in this chapter, unless the context otherwise requires:
1. “”Action”” means any civil action or arbitration proceeding for damages or indemnity
asserting a claim for injury to property, real or personal, arising out of the unsafe or defective
condition of an improvement to real property based on tort, breach of contract, or express or
implied warranty.
2. “”Association”” means an entity or homeowners association created for the purposes
of managing the operations of a community as set forth in a declaration of covenants or
declaration of submission of property to horizontal property regime filed of record in the
county that the property is located.
3. “”Claimant”” means a private owner, a subsequent private owner, or an association, who
asserts a claim in a class action for damages against a general contractor or subcontractor
concerning a construction defect. “”Claimant”” shall not include a public corporation as defined
in § 573.1.
4. “”Construction defect”” means an alleged or actual unsafe or defective condition of an
improvement to real property.
5. “”General contractor”” means a person who does work or furnishes materials by contract,
express or implied, with an owner.
6. “”Owner”” means the legal or equitable titleholder of record to real property or the holder
of a leasehold interest.
7. “”Serve””, “”served””, or “”service”” means delivery by certified mail with a United States
postal service record of evidence of delivery or attempted delivery to the last known address
of the addressee, by hand delivery with written evidence of delivery, or by delivery by any
courier with written evidence of delivery.
8. “”Subcontractor”” means a person furnishing material or performing labor upon any
building, erection, or other improvement to land, except those having contracts directly with
the owner.
2019 Acts, ch 25, §1, 8, 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9