GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 764
Judiciary II Committee Substitute Adopted 5/9/91

Short Title:  Limitations for Actions/Surveyors.	(Public)
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Sponsors:
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Referred to:  
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April 24, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT ACTIONS FOR NEGLIGENT OR DEFICIENT SURVEYING OR PLATTING AGAINST REGISTERED LAND SURVEYORS BE COMMENCED WITHIN THREE YEARS AND IN NO EVENT MORE THAN TEN YEARS FROM THE ACT OR OMISSION GIVING RISE TO THE ACTION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 1-52 reads as rewritten:
"§ 1-52.  Three years.
Within three years an action –
(1)	Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1).
(2)	Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.
(3)	For trespass upon real property.  When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.
(4)	For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.
(5)	For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.
(6)	Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.
(7)	Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.
(8)	For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the rendition of the judgment, or the issuing of the last execution thereon.
(9)	For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(10)	Repealed by Session Laws 1977, c. 886, s. 1.
(11)	For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.
(12)	Upon a claim for loss covered by an insurance policy which is subject to the three-year limitation contained in lines 158 through 161 of the Standard Fire Insurance Policy for North Carolina, G.S. 58-44-15(c).
(13)	Against a public officer, for a trespass, under color of his office.
(14)	An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.
(15)	For the recovery of taxes paid as provided in G.S. 105-267 and G.S. 105-381.
(16)	Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.  Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.
(17)	Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right-of-way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.
(18)	Against any registered land surveyor as defined in G.S. 89C-3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.S. 1-50(7)."
Sec. 2.  G.S. 1-50 reads as rewritten:
"§ 1-50.  Six years.
Within six years an action –
(1)	Upon the official bond of a public officer.
(2)	Against an executor, administrator, collector, or guardian on his official bond, within six years after the auditing of his final account by the proper officer, and the filing of the audited account as required by law.
(3)	For injury to any incorporeal hereditament.
(4)	Against a corporation, or the holder of a certificate or duplicate certificate of stock in the corporation, on account of any dividend, either a cash or stock dividend, paid or allotted by the corporation to the holder of the certificate or duplicate certificate of stock in the corporation.
(5)	a.	No action to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property shall be brought more than six years from the later of the specific last act or omission of the defendant giving rise to the cause of action or substantial completion of the improvement.
b.	For purposes of this subdivision, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes:
1.	Actions to recover damages for breach of a contract to construct or repair an improvement to real property;
2.	Actions to recover damages for the negligent construction or repair of an improvement to real property;
3.	Actions to recover damages for personal injury, death or damage to property;
4.	Actions to recover damages for economic or monetary loss;
5.	Actions in contract or in tort otherwise;
6.	Actions for contribution indemnification for damages sustained on account of an action described in this subdivision;
7.	Actions against a surety or guarantor of a defendant described in this subdivision;
8.	Actions brought against any current or prior owner of the real property or improvement, or against any other person having a current or prior interest therein;
9.	Actions against any person furnishing materials, or against any person who develops real property or who performs or furnishes the design, plans, specifications, surveying, supervision, testing or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.
c.	For purposes of this subdivision, ‘substantial completion' means that degree of completion of a project, improvement or specified area or portion thereof (in accordance with the contract, as modified by any change orders agreed to by the parties) upon attainment of which the owner can use the same for the purpose for which it was intended.  The date of substantial completion may be established by written agreement.
d.	The limitation prescribed by this subdivision shall not be asserted as a defense by any person in actual possession or control, as owner, tenant or otherwise, of the improvement at the time the defective or unsafe condition constitutes the proximate cause of the injury or death for which it is proposed to bring an action, in the event such person in actual possession or control either knew, or ought reasonably to have known, of the defective or unsafe condition.
e.	The limitation prescribed by this subdivision shall not be asserted as a defense by any person who shall have been guilty of fraud, or willful or wanton negligence in furnishing materials, in developing real property, in performing or furnishing the design, plans, specifications, surveying, supervision, testing or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property, or to a surety or guarantor of any of the foregoing persons, or to any person who shall wrongfully conceal any such fraud, or willful or wanton negligence.
f.	This subdivision prescribes an outside limitation of six years from the later of the specific last act or omission or substantial completion, within which the limitations prescribed by G.S. 1-52 and 1-53 continue to run.  For purposes of the three-year limitation prescribed by G.S. 1-52, a cause of action based upon or arising out of the defective or unsafe condition of an improvement to real property shall not accrue until the injury, loss, defect or damage becomes apparent or ought reasonably to have become apparent to the claimant.  However, as provided in this subdivision, no action may be brought more than six years from the later of the specific last act or omission or substantial completion.
g.	The limitation prescribed by this subdivision shall apply to the exclusion of G.S. 1-15(c), G.S. 1-52(16) and G.S. 1-47(2).
(6)	No action for the recovery of damages for personal injury, death or damage to property based upon or arising out of any alleged defect or any failure in relation to a product shall be brought more than six years after the date of initial purchase for use or consumption.
(7)	a.	No action against any registered land surveyor as defined in G.S. 89C-3(9) or any person acting under his supervision and control for physical damage or for economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting shall be brought more than 10 years from the the last act or omission giving rise to the cause of action.
b.	For purposes of this subdivision, ‘surveying and platting' means boundary surveys, topographical surveys, surveys of property lines, and any other measurement or surveying of real property and the consequent graphic representation thereof.
c.	The limitation prescribed by this subdivision shall apply to the exclusion of G.S. 1-15(c) and G.S. 1-52(16)."
Sec. 3.  This act is effective upon ratification and applies to any action filed on or after that date.