House committee substitute to the 1st edition changes the act's effective date to provide that the act applies to actions arising (was, actions filed, arising, or pending) on or after the effective date. Make a conforming deletion by removing provision related to when an action is pending.
Bill Summaries: H870 CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS.
Bill H 870 (2019-2020)Summary date: May 3 2019 - View Summary
Bill H 870 (2019-2020)Summary date: Apr 17 2019 - View Summary
Removes the ten-year statute of repose set out in GS 1-47 for actions against registered land surveyors or any person acting under the surveyor's 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.
Amends GS 1-52, modifying the three-year statute of limitations for certain actions against registered land surveyors or any person acting under the surveyor's control. Now provides for the three-year statute of limitations to apply to actions against any professional land surveyor or any person acting under the surveyor's supervision or control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. Deems the cause of action for physical damage to accrue at the time of the occurrence of the physical damage giving rise to the cause of action; all other causes commence within seven years from the specific last act of the defendant in the performance of the surveying or platting giving rise to the cause of action. Defines surveying and platting.
Includes a severability clause.
Provides that the act is effective when it becomes law and applies to actions filed, arising, or pending on or after that date. Clarifies that an action is pending for a plaintiff if there has been no final disposition with prejudice and mandate issued against that plaintiff issued by the highest court of competent jurisdiction where the claim was timely filed or appealed as to all the plaintiff's claims for relief to which this act otherwise applies.