State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-50

§ 1‑50.  Six years.

(a)        Within six years anaction –

(1)        Repealed by SessionLaws 1997‑297, s. 1.

(2)        Against an executor,administrator, collector, or guardian on his official bond, within six yearsafter the auditing of his final account by the proper officer, and the filingof the audited account as required by law.

(3)        For injury to anyincorporeal hereditament.

(4)        Against acorporation, or the holder of a certificate or duplicate certificate of stockin the corporation, on account of any dividend, either a cash or stockdividend, paid or allotted by the corporation to the holder of the certificateor duplicate certificate of stock in the corporation.

(5)       a.         Noaction to recover damages based upon or arising out of the defective or unsafecondition of an improvement to real property shall be brought more than sixyears from the later of the specific last act or omission of the defendantgiving rise to the cause of action or substantial completion of theimprovement.

b.         For purposes of thissubdivision, an action based upon or arising out of the defective or unsafecondition of an improvement to real property includes:

1.         Actions to recoverdamages for breach of a contract to construct or repair an improvement to realproperty;

2.         Actions to recoverdamages for the negligent construction or repair of an improvement to realproperty;

3.         Actions to recoverdamages for personal injury, death or damage to property;

4.         Actions to recoverdamages for economic or monetary loss;

5.         Actions in contractor in tort or otherwise;

6.         Actions forcontribution indemnification for damages sustained on account of an actiondescribed in this subdivision;

7.         Actions against asurety or guarantor of a defendant described in this subdivision;

8.         Actions broughtagainst any current or prior owner of the real property or improvement, oragainst any other person having a current or prior interest therein;

9.         Actions against anyperson furnishing materials, or against any person who develops real propertyor who performs or furnishes the design, plans, specifications, surveying,supervision, testing or observation of construction, or construction of animprovement to real property, or a repair to an improvement to real property.

c.         For purposes of thissubdivision, "substantial completion" means that degree of completionof a project, improvement or specified area or portion thereof (in accordancewith 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 whichit was intended. The date of substantial completion may be established bywritten agreement.

d.         The limitationprescribed by this subdivision shall not be asserted as a defense by any personin actual possession or control, as owner, tenant or otherwise, of theimprovement at the time the defective or unsafe condition constitutes theproximate cause of the injury or death for which it is proposed to bring anaction, 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 limitationprescribed by this subdivision shall not be asserted as a defense by any personwho shall have been guilty of fraud, or willful or wanton negligence infurnishing materials, in developing real property, in performing or furnishingthe design, plans, specifications, surveying, supervision, testing orobservation of construction, or construction of an improvement to realproperty, or a repair to an improvement to real property, or to a surety orguarantor of any of the foregoing persons, or to any person who shallwrongfully conceal any such fraud, or willful or wanton negligence.

f.          This subdivisionprescribes an outside limitation of six years from the later of the specificlast act or omission or substantial completion, within which the limitationsprescribed by G.S. 1‑52 and 1‑53 continue to run. For purposes ofthe three‑year limitation prescribed by G.S. 1‑52, a cause ofaction based upon or arising out of the defective or unsafe condition of animprovement to real property shall not accrue until the injury, loss, defect ordamage becomes apparent or ought reasonably to have become apparent to theclaimant. However, as provided in this subdivision, no action may be broughtmore than six years from the later of the specific last act or omission orsubstantial completion.

g.         The limitationprescribed 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)        Repealed by SessionLaws 2009‑420, s. 1, effective October 1, 2009, and applicable to causesof action that accrue on or after that date.

(7)        Recodified as G.S. 1‑47(6)by Session Laws 1995 (Regular Session, 1996), c. 742, s. 1.

(b)        This sectionapplies to actions brought by a private party and to actions brought by theState or a political subdivision of the State.  (C.C.P., s. 33; Code, s. 154; Rev., s. 393; C.S., s.439; 1931, c. 169; 1963, c. 1030; 1979, c. 654, s. 2; 1981, c. 644, s. 1; 1991,c. 268, s. 2; 1995, c. 291, s. 1; 1995 (Reg. Sess., 1996), c. 742, s. 1(a);1997‑297, s. 1; 2009‑420, s. 1.)