State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-53

§ 1‑53.  Two years.

Within two years ‑

(1)        An action against alocal unit of government upon a contract, obligation or liability arising outof a contract, express or implied. Unless otherwise provided by law, if thepreceding sentence of this subsection would bar commencement of a cause ofaction arising out of a contract to improve real property: (i) such an actionmay be brought no later than 90 days after substantial completion, providedproper notice of the claim has been given if required by contract, or (ii) ifprior to substantial completion the contract was terminated by either party,such an action may be brought no later than 90 days after the date oftermination of the contract. As used in this subdivision, "substantialcompletion" has the same meaning as in G.S. 1‑50(a)(5)c. Thissubdivision shall not apply to actions based upon bonds, notes and interestcoupons or when a different period of limitation is prescribed by this Article.

(2)        An action to recoverthe penalty for usury, including an action regarding the financing of usuriouspoints, usurious fees, or other usurious charges; the two‑year periodshall accrue with each payment made and accepted on the loan.

(3)        The forfeiture ofall interest for usury.

(4)        Actions for damageson account of the death of a person caused by the wrongful act, neglect orfault of another under G.S. 28A‑18‑2; the cause of action shall notaccrue until the date of death. Provided that, whenever the decedent would havebeen barred, had he lived, from bringing an action for bodily harm because ofthe provisions of G.S. 1‑15(c) or 1‑52(16), no action for his deathmay be brought.  (1874‑5,c. 243; 1876‑7, c. 91, s. 3; Code, ss. 756, 3836; 1895, c. 69; Rev., s.396; C.S., s. 442; 1931, c. 231; 1937, c. 359; 1945, c. 774; 1951, c. 246, s.2; 1979, c. 654, s. 3; 1981, c. 777, s. 3; 2007‑351, s. 1; 2008‑139,s. 1.)