North Carolina § 1-53 - Two years.

§ 1-53. Two years.

Within two years - An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1-50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article. An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two-year period shall accrue with each payment made and accepted on the loan. The forfeiture of all interest for usury. Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A-18-2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1-15(c) or 1-52(16), no action for his death may be brought. History (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.) Local Modification. - Carteret: 1933, c. 386; Cherokee, Clay: 1933, c. 318; Haywood: 1933, c. 386. Cross References. - As to pleading affirmative defense of usury, see G.S. 1A-1 , Rule 8. As to penalty and forfeiture for usury, see G.S. 24-2 . As to power of county to be sued, see G.S. 153A-11 . As to power of municipality to be sued, see G.S. 160A-11 . Effect of Amendments. - Session Laws 2007-351, s. 1, effective August 16, 2007, added the language following "penalty for usury" in subdivision (2). Legal Periodicals. - As to necessity for presenting tort claims, see 27 N.C.L. Rev. 145 (1949). For comment on usury law in North Carolina, see 47 N.C.L. Rev. 761 (1969). For article, "Statutes of Limitations in the Conflict of Laws," see 52 N.C.L. Rev. 489 (1974). For article, "North Carolina's New Products Liability Act: A Critical Analysis," see 16 Wake Forest L. Rev. 171 (1980). For survey of 1980 law on civil procedure, see 59 N.C.L. Rev. 1053 (1981). For note, "Judicially Imposed Usury Penalties in the Absence of Statutory Penalties: Can Freedom of Contract Co-Exist with Public Policy After Merritt v. Knox?," see 68 N.C.L. Rev. 1021 (1990).