NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1030

HOUSE BILL 1046

 

 

AN ACT TO AMEND CHAPTER ONE OF THE GENERAL STATUTES, RELATING TO THE TIME WITHIN WHICH ACTIONS FOR INJURY MUST BE BROUGHT AGAINST PERSONS WHO PERFORMED OR FURNISHED DESIGN, PLANNING, SUPERVISION OR CONSTRUCTION OF IMPROVEMENTS ON REAL PROPERTY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 1-50 is hereby amended by adding the following subsection to read as follows:

"5.        No action to recover damages for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury, shall be brought against any person performing or furnishing the design, planning, supervision of construction or construction of such improvement to real property, more than six (6) years after the performance or furnishing of such services and construction. This limitation shall not apply to any person in actual possession and control as owner, tenant or otherwise, of the improvement at the time the defective and unsafe condition of such improvement constitutes the proximate cause of the injury for which it is proposed to bring an action."

Sec. 2.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 19th day of June, 1963.