N.C. Gen. Stat. § 1-52

For fraud claims based on concealed information, the three-year limitations period begins when the plaintiff discovers or should have discovered the fraud.

Haigh v. Superior Ins. Mgmt. Grp., Inc. · filed 2017-10-24(9)

Plaintiffs’ fraud claim, however, alleges that Superior Insurance concealed specific, material information with the intent to deceive—precisely the kind of latent harm for which the discovery rule tolls the statute of limitations. The three-year limitations period therefore began to run when Plaintiffs “discover[ed] or should have discovered the fraud.” Branch Banking & Trust Co. v. Lighthouse Fin. Corp., 2005 NCBC LEXIS 4, at *20 (N.C. Super. Ct. July 13, 2005); see also N.C. Gen. Stat. § 1-52(9).

Section 1-52(9) applies to an action to set aside a forged deed because it covers actions in which fraud is the basis or an essential element, and the action is barred three years after the forgery is known.

Cooper v. Floyd · filed 1970-11-18(9)

We hold that an action to set aside a deed on the grounds of forgery is an action for relief on the grounds of fraud, and that the action is barred after three years from the date of knowledge of the forgery.

Section 1-52(16) applies a three-year limitations period to a negligence claim based on nondisclosure of treatment risks when the medical procedure was authorized.

Nelson v. Patrick · filed 1982-08-03(16)

Defendants’ failure to make a proper disclosure is in the nature of malpractice (negligence) and the three-year statute of limitations applies.

Section 1-52(16) requires an action covered by the statute to be brought within three years.

Estrada v. Jaques · filed 1984-10-16(16)

Estrada’s injuries occurred in June of 1979 and the applicable statutes of limitation require actions to be brought within three years. N.C. Gen. Stat. § 145(c) (1983); N.C. Gen. Stat. § 1-52(16) (1983).

Section 1-52(16) provides a three-year limitations period for these claims, which may be tolled under § 1-17 for a qualifying disability.

Bryant v. Adams · filed 1994-10-04(16)

The statute of limitations in this case is three years. N.C. Gen. Stat. § 1-52(16).

Under § 1-52(9), the three-year limitations period for fraud or mistake begins when the aggrieved party discovers the facts constituting the fraud or mistake, or when those facts should have been discovered with due care.

Lee v. Keck · filed 1984-05-15(9)

“until the discovery by the aggrieved party of the facts constituting the fraud or mistake,”

The three-year limitations period under § 1-52 begins to run when the abuse-of-process claim accrues.

Cox v. Jefferson-Pilot Fire & Casualty Co. · filed 1986-04-01

plaintiffs claim for relief for abuse of process accrued on or about 11 August 1977, at which time the applicable three-year statute of limitations, N.C. Gen. Stat. § 1-52 (1983), began to run.

Under § 1-52(9), a fraud claim has a three-year limitations period that starts when the injured party discovers or reasonably should have discovered the facts constituting the fraud.

Seigel v. Patel · filed 1999-04-06(9)

The statute of limitations for fraud is three years, and begins to run at the time the aggrieved party discovered or should have reasonably discovered the facts constituting the fraud.

Section 1-52(9) gives fraud and mistake claims a three-year limitations period that starts when the injured party discovers the facts constituting the fraud or mistake.

Gifford v. Linnell · filed 2003-05-06(9)

In North Carolina, claims alleging fraud or mistake are governed by a three-year statute of limitations. N.C. Gen. Stat. § 1-52(9) (2001). A cause of action grounded on either “shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.”

Section 1-52(9) gives fraud claims a three-year limitations period that begins when the fraud is discovered or should have been discovered through reasonable diligence.

Withers v. BMW of North America, LLC · filed 2021-09-15(9)

A fraud claim is subject to a three-year statute of limitations, which accrues when the fraud is discovered or should have been discovered after the exercise of reasonable diligence. N.C. Gen. Stat. § 1-52(9); Mountain Land Props., Inc., 46 F. Supp. 3d at 624.

A fraud claim must be filed within three years, and the limitations period begins when the fraud is discovered or should have been discovered through reasonable diligence.

York v. Golden Poultry Co. · filed 1995-04-06(9)

A cause of action grounded in fraud must be brought within three years of the date on which the cause of action accrues. N.C.Gen.Stat. § 1-52(9) (1994). An action for fraud accrues when the fraud is discovered or should have been discovered in the exercise of reasonable diligence.

N.C. Gen. Stat. § 1-52 supplies a three-year limitations period for the plaintiff’s LMRDA Title I claim because it applies to federal civil-rights actions.

Reed v. United Transportation Union · filed 1986-05-01

Instead, the Court will apply North Carolina’s three-year limitations period for personal injury actions under N.C. Gen. Stat. § 1-52, since that statute would apply to a federal civil rights action.

Section 1-52 supplies the three-year limitations period for a suretyship action, regardless of a seal on the agreement.

Fleet Real Estate Funding Corp. v. Blackwelder · filed 1986-10-07

Plaintiff filed this action on 13 June 1985, more than three years after its cause of action had accrued against defendant. Plaintiffs claim thus is barred by G.S. 1-52.

For a claim seeking compensation for indefinite, continuous services, N.C. Gen. Stat. § 1-52(1) limits recovery to the three years before the action because the claim accrues as services are rendered.

Thomas v. Thomas · filed 1991-03-05(1)

Plaintiff’s recovery would be limited by N.C. Gen. Stat. § 1-52(1) (1983) to the three year period preceding this action, rather than the entire fourteen years.

Section 1-52(2) gives a three-year limitations period for an action on a liability created by statute, beginning when the contribution claim accrues upon payment of the principal's debt.

Finch v. Barnes · filed 1991-05-07(2)

We therefore hold that the applicable statute in this case is G.S. § 1-52(2), which provides that an action upon a liability created by statute must be brought within three years.

Section 1-52(16) sets a three-year limitations period for personal-injury negligence claims, and a discontinued first action does not toll that period.

Latham v. Cherry · filed 1993-09-07(16)

The statute of limitations for personal injury due to negligence is three years. N.C.G.S. § 1-52(16).

For personal-injury negligence claims, § 1-52(16) provides a three-year statute of limitations, which bars an action filed after that period.

Franklin v. Winn Dixie Raleigh, Inc. · filed 1994-11-15(16)

The statute of limitations for personal injury due to negligence is three years. N.C. Gen. Stat. § 1-52(16) (Supp. 1993).

Section 1-52(1) imposes a three-year limitations period for contract claims, and it applied because the declarations were not sealed instruments.

Dunes South Homeowners Ass'n, Inc. v. First Flight Builders, Inc. · filed 1994-12-20(1)

Thus, the three-year statute of limitations pursuant to N.C. Gen. Stat. § 1-52(1) applies and bars at least a portion of plaintiff’s claim.

N.C. Gen. Stat. § 1-52 imposes a three-year limitations period on fraud, conversion, and breach-of-fiduciary-duty claims, running when the alleged wrong is complete even if the plaintiff did not yet know of it.

Davis v. Wrenn · filed 1995-12-19

As for the claims of fraud, conversion, and breach of fiduciary duty, we hold that the trial court correctly determined they were barred by the three-year statute of limitations.

N.C. Gen. Stat. § 1-52 provides a three-year statute of limitations for personal-injury actions.

Gentile v. Town of Kure Beach · filed 1988-09-06(5)

North Carolina law provides a three-year statute of limitations for personal injury actions. N.C. Gen. Stat. § 1-52.

Section 1-52 ordinarily gives medical-malpractice claims a three-year limitations period, subject to a separate exception for injuries that are not readily apparent.

Osborne v. Walton · filed 1993-07-065

Normally, the applicable statute of limitations in a medical malpractice action is three years.

Section 1-52(1) gives contract actions a three-year limitations period that begins when the claim accrues, which is upon breach.

Abram v. Charter Medical Corp. of Raleigh, Inc. · filed 1990-12-04(1)

The statute of limitations for contract actions is three years. N.C. Gen. Stat. § 1-52(1) (1983). The statute begins to run when the claim accrues; with a breach of contract action, the claim accrues upon breach.

Section 1-52(1) provides a three-year limitations period, which begins when the surety's liability accrues under the bond.

George v. Hartford Accident & Indemnity Co. · filed 1991-05-07(1)

N.C. Gen. Stat. § 1-52(1) (1983), which provides for a three year statute of limitations, applies.

The three-year contract limitations period does not bar an action when the complaint alleges final payment occurred less than three years before filing.

I R Construction Products Co. v. D.R. Allen & Son, Inc. · filed 1990-06-19(1)

In this case, the Court believes that the complaint clearly indicates that the suit was filed within the applicable statute of limitations.

Section 1-52(16) imposes a three-year limitations period for a personal-injury action, measured from the date of the accident.

Wooten v. Warren Ex Rel. Gilmer · filed 1994-12-20(16)

Under the terms of N.C. Gen. Stat. § 1-52(16) (1994), plaintiffs cause of action would be time barred if she failed to institute the action within three years of 2 April 1985, the date of the accident.

Section 1-52 imposes a three-year statute of limitations for fraud and breach-of-fiduciary-duty claims.

Tierney v. Garrard · filed 1996-11-05

Pursuant to N.C. Gen. Stat. § 1-52 (Supp. 1995), a three-year statute of limitations applies to plaintiffs’ claims of fraud and breach of fiduciary duty.

For a continuing installment contract, the three-year limitations period under § 1-52(3) begins when final performance is due rather than when individual installments are missed, if the creditor elects to continue the contract.

Vreede v. Koch · filed 1989-07-05(3)

We find in this case that the three-year statutory period did not begin to run until 1 October 1985, the date upon which defendant’s final performance was due.

For a breach-of-contract action, § 1-52(1) imposes a three-year limitations period that begins when the promise is broken.

Glover v. First Union National Bank of North Carolina · filed 1993-04-06(1)

The statute of limitations for an action for breach of contract is three years from the accrual of the cause of action. N.C. Gen. Stat. § 1-52(1). The statute begins to run on the date the promise is broken.

For this negligent failure-to-act claim, the three-year limitations period under § 1-52 begins on the date of the defendant’s last actionable act or omission.

Pierson v. Buyher · filed 1991-02-05

We hold that the statute of limitations for this alleged negligent failure to act began to run on the day that Norma Pierson died, 16 November 1987.

Section 1-52(2) limits recovery for past child-support expenditures to those incurred within three years before the support action is filed.

Freeman v. Freeman · filed 1991-08-20(2)

The sole limitation on defendant’s right to reimbursement for documented past support expenditures is imposed by N.C. Gen. Stat. § 1-52(2) which limits recovery to those expenditures incurred within three years before the date the action for support is filed.

Under § 1-52(5), conduct occurring outside the three-year period may still be considered as evidence of the elements of an intentional-infliction claim when it is part of the continuing claim rather than a separate tort.

Bryant v. Thalhimer Bros., Inc. · filed 1993-12-21(5)

We hold that the evidence of conduct occurring prior to the 5 December 1986 date was not evidence of complete and separate torts, but rather was evidence of the elements of the claim itself and therefore, was not barred by the statute of limitations.

Section 1-52 supplies a three-year period for liability created by statute when the creating statute gives no time limit, but legislative intent may require a different period for a particular statutory scheme.

Clay v. Employment Security Commission · filed 1993-08-17

When an individual commences an action for a liability created by statute and no time limit for commencing the action is mentioned in the statute creating the liability, the applicable statute of limitations is three years.

Section 1-52(5) imposes a three-year statute of limitations on alienation-of-affection claims.

Sharp v. Teague · filed 1994-02-155

Because the tort of alienation of affection has a three-year statute of limitations, N.C.G.S. § 1-52(5), that claim was therefore required to have been filed no later than 23 June 1987.

Under § 1-52(16), the three-year limitations period for personal-injury or property-damage claims begins when bodily harm or physical damage becomes apparent or reasonably should have become apparent.

Sims v. Gernandt · filed 1994-09-06(16)

the cause of action,... shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant.

Under § 1-52(16), a claim for personal injury or property damage accrues when the harm becomes apparent or reasonably should have become apparent, and mere suspicion of contamination does not begin the limitations period.

Crawford v. Boyette · filed 1995-12-05(16)

Unless otherwise provided by statute, for personal injury or physical damage to claimant’s property, the cause of action ... shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.

Section 1-52(16) makes a property-damage claim accrue when the physical damage becomes apparent or reasonably should have become apparent, subject to its ten-year outside limit.

Ballard v. North Carolina Department of Trans. · filed 1998-06-15(16)

If N.C. Gen. Stat. § 1-52 (16) is applicable, then plaintiffs' claim accrued on June 16, 1992, when physical damage to plaintiffs' property became apparent to plaintiffs or ought reasonably to have become apparent.

Subsection (9) sets a three-year limitations period for actions based on duress, undue influence, and fraud.

Dawbarn v. Dawbarn · filed 2006-02-07(9)

Under North Carolina law, there is a three-year limitation for filing an action for duress, undue influence and fraud. N.C. Gen. Stat. § 1-52(9) (2005).

Section 1-52 imposes a three-year limitations period on breach-of-contract claims, injuries to another’s rights not arising on contract, and personal injury or physical damage to property, with subsection (16) using a discovery rule for when the harm becomes apparent or reasonably should have become apparent.

Schenkel & Shultz, Inc. v. Hermon F. Fox & Associates, P.C. · filed 2006-11-21(1), (5), (16)

Claims of breach of contract, negligence and professional malpractice, and breach of warranty are all governed by a three-year statute of limitations.

Section 1-52(1)'s three-year limitations period applies to claims arising from a contract.

Harrington v. Gerald · filed 2008-04-01(1)

We therefore hold that the trial court did not err in determining that the three-year statute of limitations, under N.C.G.S. § 1-52, applied to Plaintiffs' claims.

Section 1-52(16) supplies the three-year personal-injury limitations period for § 1983 claims arising in North Carolina.

Kersey v. Catawba Valley Medical Center · filed 2024-02-01(16)

Section 1983 claims arising in North Carolina are governed by the three-year period for person injury actions.

Section 1-52(16) supplies the three-year personal-injury limitations period for § 1983 claims arising in North Carolina.

Torres v. North Carolina Department of Public Safety Adult Division · filed 2024-09-23(16)

claims arising in North Carolina are governed by the three-year period for personal injury actions.

Section 1-52(16) supplies the three-year personal-injury limitations period for § 1983 claims arising in North Carolina.

Kersey v. Catawba Valley Medical Center · filed 2024-03-01(16)

Section 1983 claims arising in North Carolina are governed by the three-year period for personal injury actions.

Section 1-52(1) provides a three-year limitations period for contract actions, and for a severable indemnity agreement each claim category has its own accrual date and limitations period that governs later expenses in that category.

Gr&s Atlantic Beach, LLC v. Hull · filed 2012-10-10(1)

The Parties agree that all of Plaintiffs’ claims are governed by the three-year limitations period for contract actions provided by N.C. Gen. Stat. § 1-52(1). ... The court concludes that each of the three categories of claims is governed by its own limitations period, but once that limitations period for a particular category began, it governs all subsequent costs and expenses falling within that claim category. Specifically, the Tank Collapse Claims accrued and the limitations period began to run on those claims on the date of the Tank Collapse on August 3, 2005, the IBRC Litigation Claims accrued and the limitations period began to run on the date that GR&S Hotel paid the IBRC Settlement Contribution, and the Legacy Repairs Claims accrued and the limitations period began to run on the first date that GR&S Hotel made a payment in excess of the Budget Amount.

Section 1-52(1) provides a three-year limitations period for breach-of-contract claims, which accrues at notice of the breach; for continuing contracts, the period runs from final performance.

Van Camp v. Shaffner · filed 2026-05-06(1)

The statute of limitations for a breach of contract claim is three years. N.C. Gen. Stat. § 1-52(1) (2025). “The claim accrues at the time of notice of the breach.” Henlajon, Inc. v. Branch Highways, Inc., 149 N.C. App. 329, 335 (2002) (citations omitted). When performance is ongoing and the parties’ obligations extend over time, the limitations period for such a “continuing contract” runs from the date of final performance.

The general three-year limitations period under § 1-52(1) gives way to a more specific limitations provision when the two conflict.

McCullough v. Branch Banking & Trust Company · filed 1994-09-13(1)

However, when such a cause of action is targeted against a local unit of government, the general three-year limitations period gives way to a specific two-year limitations period provision created for such a contingency.

Section 1-52 generally gives three years for contract, warranty, and negligence claims, with negligence accruing when damage becomes apparent and a prospective warranty claim accruing anew with each breach.

Haywood Street Redevelopment Corp., Inc. v. Harry S. Peterson, Co. · filed 1995-11-21§ 1-52(1), (5), (16)

With the occurrence of each breach, a new cause of action accrued.

For a contract claim seeking payment for continuing medical treatment, the three-year limitations period under § 1-52(1) begins when the last treatment is provided unless the contract sets a different payment date.

Johnson Neurological Clinic, Inc. v. Kirkman · filed 1996-01-02(1)

Therefore, we hold that, absent a contract stipulating the date when payment is due, a cause of action for collection of payment for continuing medical treatment arises at the time the last treatment is provided.

Section 1-52(5) gives negligent and intentional emotional-distress claims a three-year limitations period that begins when the defendant’s conduct causes the severe emotional distress.

Russell v. Adams · filed 1997-03-18(5)

Causes of action for emotional distress, both intentional and negligent, are governed by the three-year statute of limitation provisions of N.C. Gen. Stat. § 1-52(5) (1996).

Section 1-52(3) requires a continuing-trespass action to begin within three years of the original trespass, while § 1-52(16) delays accrual of a property-damage claim until the injury becomes apparent or reasonably should have become apparent, and additional damage does not restart the limitations period when the injury was already known.

Robertson v. City of High Point · filed 1998-03-17(3) (16)

N.C. Gen. Stat. § 1-52(3) (1996) provides that, “[w]hen the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.” Additionally, N.C. Gen. Stat. § 1-52(16) provides that an action for physical damage to claimant’s property shall not accrue until it becomes apparent or ought reasonably to have become apparent to claimant. ... However, where plaintiffs clearly know more than three years prior to bringing suit about damages, yet take no legal action until the statute of limitations has run, the fact that further damage is caused does not bring about a new cause of action.

Under § 1-52(16), a negligence claim accrues when bodily harm or physical property damage becomes apparent or reasonably should have become apparent, subject to a ten-year outer limit.

Moore v. Coachmen Industries, Inc. · filed 1998-05-05(16)

A cause of action for negligence “shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.”

Section 1-52(5) supplies the general three-year limitations period for an emotional-distress claim because that claim is not specifically covered by another limitations statute.

Jones v. Asheville Radiological Group, P.A. · filed 1998-05-19(5)

Because it is not specifically denominated under any limitation statute, a cause of action for emotional distress falls under the general three-year provision of G.S. 1-52(5).

Section 1-52(9) gives fraud claims a three-year period running from discovery of the facts constituting fraud.

Mullinix v. Mabry · filed 2005-12-06(9)

Although actions for fraud governed by the three-year statute of limitations do not accrue "until the discovery by the aggrieved parties of the facts constituting the fraud . . . ,"

Section 1-52(12) imposes a three-year period on claims for losses covered by an insurance policy.

Page v. Lexington Insurance · filed 2006-04-18(12)

plaintiffs’ claims for these causes of action were thus barred by the three-year statute of limitations applicable to these claims.

Medical-malpractice claims are governed by their specific limitations and repose provisions rather than § 1-52(16)’s general personal-injury rule.

Foster v. Crandell · filed 2007-01-02(16)

As these claims all implicate the furnishing of Crandell’s professional services in a supervisory context, they are sufficient to establish that plaintiff Foster’s claims are medical malpractice claims for purposes of the statute of limitations and the statute of repose.

Section 1-52(16) gives personal-injury actions three years and accrues them when bodily harm becomes apparent or reasonably should have become apparent.

Webb v. Hardy · filed 2007-03-20(16)

We are guided by numerous statutes of limitation.

Section 1-52(5) provides a three-year limitations period for invasion-of-privacy claims.

Losing v. Food Lion, L.L.C. · filed 2007-08-07(5)

The applicable statute of limitations for the tort of invasion of privacy is three years.

Section 1-52(2) supplies a three-year period for a liability created by statute when the creating statute gives no other time limit.

Hicks v. Wake County Board of Education · filed 2007-12-04(2)

plaintiff’s claim for declaratory judgment is not based upon any contract with defendant, but rather is based on a liability created by statute and thus a three-year statute of limitations applies.

Section 1-52(16) establishes a three-year limitations period measured from accrual, and a timely initial complaint does not make an untimely amended complaint relate back when the amendment adds a new party.

Reece v. Smith · filed 2008-02-05(16)

Plaintiff filed her initial complaint on 31 March 2006, within the three-year statute of limitations.

The three-year contract limitations period bars a contract claim when no personal representative is appointed to trigger the estate-suspension statute.

Wright v. Smith · filed 2002-06-18(1)

Plaintiff failed to file an action against Jennie Wright on the alleged contract within three years of Wright, Sr.’s death; as a result, the three year statute of limitations for contracts bars any such action.

A fraud-labeled legal-malpractice claim is governed by the three-year malpractice period in § 1-15(c), not § 1-52(9).

Fender v. Deaton · filed 2002-10-02(9)

which are governed by the three-year statute of limitations under N.C. Gen. Stat. § l-15(c).

Section 1-52(5) supplies a three-year period for personal-injury, emotional-distress, public-official-misconduct, and negligence claims.

Beck v. City of Durham · filed 2002-12-03(5)

In North Carolina, claims against defendants alleging personal injury are governed by a three-year statute of limitations.

The catch-all three-year period in § 1-52(5) governs a Woodson claim.

Cameron v. Merisel, Inc. · filed 2004-03-16(5)

is a common law action for willful negligence, and thus subject to the three-year statute of limitations in N.C. Gen. Stat. § 1-52 (2001).

For fraud or mistake, § 1-52(9) delays accrual until the aggrieved party discovers the facts constituting the fraud or mistake.

Brown v. King · filed 2004-09-07(9)

The applicable statute of limitations for plaintiff’s claim is three years.

Section 1-52(1)’s three-year period applies to unjust-enrichment claims treated as implied-contract actions.

Joyce v. Joyce · filed 2004-12-07(1)

Accordingly, the limitations period applicable to plaintiff’s unjust enrichment claim is three years.

Section 1-52(9) gives fraud claims three years from discovery, § 1-52(16) delays negligent-misrepresentation accrual until property damage appears, and § 1-52(5) supplies the period for civil conspiracy.

Carlisle v. Keith · filed 2005-04-19(9), (16), (5)

The statute of limitations for actions for fraud is three years pursuant to N.C. Gen. Stat. § 1-52(9).

Under § 1-52(5), negligent mismanagement is subject to a three-year limitations period.

State Ex Rel. Long v. Ila Corp. · filed 1999-04-06(5)

Count V is an action for negligent mismanagement occurring after the ALA/SEBS loans and is therefore subject to a three-year statute of limitations.

Section 1-52(5) provides a three-year limitations period for negligent-infliction and certain constitutional-injury claims.

Staley v. Lingerfelt · filed 1999-07-20(5)

The statute of limitations for the state law claims brought in plaintiffs’ second complaint is three years.

Section 1-52(16) provides a three-year limitations period for personal-injury claims.

Lynn v. Burnette · filed 2000-06-20(16)

Thus, plaintiff may rely upon the three-year statute of limitations for personal injury.

A motor-vehicle personal-injury action must be commenced within three years under § 1-52(16), but timely filing of the complaint can preserve the action when the summons is issued within the rule’s permitted period.

Selph v. Post · filed 2001-07-03(16)

A party must commence an action seeking recovery for personal injuries from a motor vehicle accident within three years.

Section 1-52(9) applies its three-year fraud limitations period broadly to actions in which fraud, including undue influence, is an element.

Baars v. Campbell University, Inc. · filed 2002-02-05(9), (1)

Plaintiffs’ lawsuit is also barred by N.C. Gen. Stat. § 1-52(9).

A subrogated insurer takes the insured’s rights and limitations deadline under § 1-52(16).

Aetna Casualty & Surety Co. v. Anders · filed 1994-09-06(16)

Plaintiff had the right to assert any claim which the laundry could have brought against defendant.

Sections 1-52(2) and (5) provide three-year periods, § 1-52(16) uses apparent harm for accrual, and § 1-52(3) starts a continuing-trespass claim at the original trespass but does not bar a recurrent trespass claim.

James v. Clark · filed 1995-03-21(2), (3), (5), and (16)

These claims are governed by the three-year statute of limitations set forth in N.C. Gen. Stat. § 1-52(2) and (5) (1983).

Section 1-52(5) imposes a three-year limitations period on criminal-conversation and other noncontractual injuries not otherwise enumerated.

Coachman v. Gould · filed 1996-05-21(5)

the statute of limitations is three years.

Section 1-52(9) applies its three-year fraud-or-mistake period broadly to duress-based rescission claims, while § 1-52(1) supplies the same period for a contract theory.

Hinson v. United Financial Services, Inc. · filed 1996-08-06(9), (1)

Plaintiff’s rescission claim for alleged duress is governed by N.C. Gen. Stat. § 1-52(9) (1983), which sets the statutes of limitation at three years for actions grounded in fraud or mistake.

Under § 1-52(1), quantum-meruit recovery for indefinite continuous services is limited to services rendered during the three years before suit.

Scott v. United Carolina Bank · filed 1998-08-04(1)

may proceed only for compensation for services rendered within the three year period immediately preceding her commencement of this action.

Medical-malpractice claims ordinarily accrue at the defendant’s last act and must be commenced within three years under § 1-52(5), subject to § 1-15(c).

Teague v. Randolph Surgical Associates, P.A. · filed 1998-06-16(5)

In such cases, the action must be commenced within three years.

Under § 1-52(1), a breach-of-contract claim has a three-year limitations period that accrues when notice of the breach is given.

Henlajon, Inc. v. Branch Highways, Inc. · filed 2002-03-19(1)

The statute of limitations for a breach of contract action is three years. The claim accrues at the time of notice of the breach.

Section 1-52(12) applies a three-year limitations period running from the date of loss to claims under qualifying real-property insurance policies, instead of the usual breach-date rule under § 1-52(1).

Skyline Restoration, Inc. v. Church Mutual Insurance · filed 2021-12-15(1), (12)

Because North Carolina extends § 1-52(12) and § 58-44-16 to real property insurance policies regardless of the cause of loss, we conclude that the applicable statute of limitations is three years from the date of loss.

Section 1-52(12) imposes a three-year statute of limitations on claims under insurance policies covered by § 58-44-16, running from the date of loss.

MANOULA, LLC v. OHIO SECURITY INSURANCE COMPANY · filed 2022-01-13(12)

Claims must be brought within three years of the date of loss.

Section 1-52(2) does not bar an equitable-distribution claim because the marital liabilities were created by the parties, not by statute.

Read v. Read · filed 2023-04-18(2)

Additionally, we hold that a claim for equitable distribution was not barred by a statute of limitations under N.C. Gen. Stat. §§ 1-52 or 1-56.

Section 1-52(15) barred the claims because the second complaint was filed after the last timely filing date and could not relate back.

Gantt v. City of Hickory · filed 2023-09-05(15)

barred by the statute of limitations. See N.C. Gen. Stat. § 1-52(15). Therefore, the trial court did not err in granting summary judgment for Defendant.

Section 1-52(1) supplies a three-year limitations period for NCCAA claims, rather than the FDCPA’s one-year period.

Lewis v. EQUITYEXPERTS.ORG LLC · filed 2025-05-02(1)

a three-year statute of limitations still applies under the NCCCA.

Under § 1-52(5), a loss-of-consortium claim must be brought within three years after the cause of action accrues.

Webb v. NASH HOSPITALS, INC. · filed 1999-06-15(5)

N.C. Gen. Stat. § 1-52(5) requires that a loss of consortium claim be brought within three years from the time that the cause of action accrues.

N.C. Gen. Stat. § 1-52(2) provides a three-year limitations period for claims based on liability created by statute, including a constitutional challenge alleging liability for creating or following an unconstitutional law.

Hamlet HMA, Inc. v. Richmond County · filed 2000-06-20(2)

We apply the same limitations period to plaintiffs constitutional challenge in this case for the reason that plaintiffs claim in the complaint for “declaratory relief regarding constitutionality of Senate Bill 335” is a claim that some or all defendants are liable for creating or following an unconstitutional law.

Section 1-52 gives personal-injury claims a three-year limitations period, but section 1-22 can allow the claim to proceed against a decedent’s personal representative when its conditions are met.

Mabry v. Huneycutt · filed 2002-04-02

N.C. Gen. Stat. § 1-52 would bar a personal injury action arising out of this accident after three years, or as of 27 June 2000.

Section 1-52(2)'s three-year limit does not apply to claims for refunds of illegally collected impact fees; the ten-year limit applies.

Quality Built Homes Inc. v. Town of Carthage · filed 2016-12-30(2)

Plaintiffs contend that their claims for refunds of the impact fees are subject to the ten-year statute of limitations pursuant to N.C. Gen. Stat. § 1-56, rather than the three-year statute of limitations set forth in N.C. Gen. Stat. § 1-52(2). We agree with plaintiff that the ten-year statute of limitations applies.

Section 1-52(2)’s three-year limitations period applies to a claim to recoup unlawful water and sewer impact fees.

Bill Clark Homes of Raleigh · filed 2021-12-21(2)

Accordingly, our Supreme Court concluded that N.C. Gen. Stat. § 1-52(2)’s three-year statute of limitations for liabilities applied in that case. ... We conclude that the reasoning of Quality Built Homes II applies with equal force to the case before us, and the Town’s argument in the alternative is overruled.

Section 1-52(7)'s three-year limit applies to actions against bail or the surety, not to a petition seeking remission of a forfeited bond.

State v. Harkness · filed 1999-06-15(7)

A plain reading of the statute indicates that N.C. Gen. Stat. § 1-52 applies to actions against the surety, as evidenced by the words “against bail.”

For physical damage to property, the cause of action generally does not accrue until the damage becomes apparent, although a clear contractual limitation period may be enforced instead.

Tsonev v. McAir · filed 2020-08-04(16)

N.C. Gen. Stat. § 1-52(16) states that “unless otherwise provided by law, for . . . physical damage to claimant’s property, the cause of action . . . shall not accrue until . . . physical damage to his property becomes apparent . . . .”

Subsection (16) delays accrual until bodily harm or physical damage to the claimant’s property becomes apparent or reasonably should have become apparent, but it does not apply to conversion of commercial instruments.

First Investors Corp. v. Citizens Bank, Inc. · filed 1992-02-28(16)

In our view, and contrary to First Investors' position, this provision is unambiguous and applies only to actions for personal injury or physical damage to property. We know of no authority classifying conversion of commercial instruments as "physical damage to ... property." North Carolina cases interpreting section 1-52(16) concern physical damage to property in the traditional sense.

N.C. Gen. Stat. § 1-52(5) gives negligence actions a three-year limitations period, subject in medical-malpractice cases to tolling until the physician’s last act giving rise to the claim when the continuing-treatment doctrine applies.

Trexler v. Pollock · filed 1999-11-16(5)

N.C. Gen. Stat. § 1-52(5) (Cum. Supp. 1998) provides a three-year statute of limitations for filing negligence actions.

Section 1-52(1) imposes a three-year limitations period for the claim, which bankruptcy suspends only for the time the debtor remains in bankruptcy.

Person Earth Movers, Inc. v. Buckland · filed 2000-02-15(1)

The statute of limitations applicable to plaintiffs claim is three years. ... The statute of limitations for a state law claim therefore expires at the end of the limitations period described by the appropriate state law, and is extended only by that amount of time the debtor is in bankruptcy.

Section 1-52 provides a three-year limitations period, but for claims involving defective improvements to real property, the period begins when the injury, loss, defect, or damage becomes apparent or reasonably should have become apparent under § 1-50(a)(5)(f).

Everts v. Parkinson · filed 2001-12-04

There is also no dispute that plaintiffs’ causes of action did not accrue until the defect or damage to plaintiffs’ property became apparent or ought reasonably to have become apparent to them.

Section 1-52(5) provides a three-year limitations period for a common-law wrongful-discharge claim.

Kelly v. Carteret County Board of Education · filed 2002-03-05(5)

The claim in question is a common law wrongful discharge claim and is subject to a three-year statute of limitations pursuant to N.C. Gen. Stat. § 1-52(5) (1999).

The three-year limitations period in § 1-52(1) and (5) applies to professional-malpractice, negligence, and breach-of-contract claims, which accrue at the specified wrongful act, broken promise, or last professional act.

Harrold v. Dowd · filed 2002-04-16(1) and (5)

The applicable statute of limitations for professional malpractice, negligence, and breach of contract is three years.

The catch-all three-year limitations period in § 1-52(5) governs a Woodson claim when no specific limitations period applies.

Alford v. Catalytica Pharmaceuticals, Inc. · filed 2002-06-04(5)

Therefore, this claim, as with intentional infliction of emotional distress, must be controlled by the catch-all three-year statute of limitations in section 1-52(5).

N.C. Gen. Stat. § 1-52(16) provides a three-year limitations period for personal-injury actions and governs analogous federal discrimination claims that lack an express limitations period.

Franks v. Ross · filed 2002-12-04(16)

In this instance, the district court correctly concluded that the applicable statute of limitations for personal injury actions in North Carolina is three years. N.C. Gen. Stat. § 1-52(16).

Section 1-52’s three-year limitations period applies to school boards’ claims to recover already-collected payments owed to public schools under Article IX, Section 7, rather than the one-year period for actions to collect civil penalties.

North Carolina School Boards Ass'n v. Moore · filed 2003-09-162

we hold that N.C. Gen. Stat. § 1-54(2) is not applicable. We conclude that the trial court correctly applied the three-year limitations period provided in N.C. Gen. Stat. § 1-52 (2001) for “an action . . . [u]pon a liability created by statute” or “[a]gainst a public officer, for a trespass, under color of his office.”

For negligence actions, § 1-52(16) provides a three-year limitations period that begins when the plaintiff discovers or reasonably should have discovered the injury or damage, so long as discovery occurs within ten years of the defendant’s negligence.

Pompano Masonry Corp. v. HDR Architecture, Inc. · filed 2004-07-20(16)

N.C. Gen. Stat. § 1-52 (2003) imposes a three-year statute of limitations for negligence actions. The negligence action accrues at the time the plaintiff discovers, or reasonably should have discovered, the injury- or damage, as long as it is within ten years of the defendant’s negligence. N.C. Gen. Stat. § 1-52(16) (2003).

Section 1-52(5) provides a three-year limitations period for emotional-distress claims, while § 1-52(16)'s discovery rule applies only when the injury is latent.

Soderlund v. Kuch · filed 2001-05-15(5) (16)

Because emotional distress claims are not specifically denominated under any limitation statute, our courts have consistently held that, “[c]auses of action for emotional distress, both intentional and negligent, are governed by the three-year statute of limitation provisions of N.C. Gen. Stat. § 1-52(5) . . . .”

Section 1-52(1) sets a three-year statute of limitations for contract actions.

Barnett v. International Business MacHines Corp. · filed 1995-05-08(1)

The North Carolina period of limitations for contract actions is three years, which is shorter than New York’s six year period.

Section 1-52(1) provides a three-year limitations period for breach-of-contract claims.

White v. Sun Life Assurance Company of Canada · filed 2007-04-26(1)

In the absence of a valid contractual provision governing limitations, we borrow a limitations period from the law of North Carolina, given the plan's statement that it "is delivered in North Carolina and subject to the laws of that jurisdiction."See Dameron v. Sinai Hosp. of Baltimore, Inc., 815 F.2d 975, 981-82 (4th Cir. 1987) (applying state's statute of limitations for breach of contract). North Carolina law provides a three-year limitations period for breach of contract claims. See N.C. Gen.Stat. § 1-52(1) (2005). Sun Life issued a final denial of White's claim for disability benefits on March 28, 2001, and White filed suit less than three years later, on March 26, 2004. As a result, her civil action was timely.

Section 1-52(1) sets a three-year limitations period for breach of contract claims.

Kaleel Builders, Inc. v. Ashby · filed 2003-11-04(1)

Any claims from a breach of contract are governed by N.C. Gen. Stat. § 1-52(1) (2001), a three-year statute of limitations.

For a claim seeking recovery for physical damage to a house, the three-year limitations period begins when the damage is discovered or reasonably should have been discovered, rather than when an earlier sinkhole first appeared.

Howell v. City of Lumberton · filed 2001-07-17(16)

We hold that, because plaintiff is seeking to recover for damage to her house and not for damage to her property in general, the statute of limitations on her action began with her discovery of the damage to her house.

For fraud or mistake, § 1-52(9) starts the limitations period when the claimant discovers or should, through due diligence, have discovered the facts, and suit must be filed within three years.

Spears v. Moore · filed 2001-08-21(9)

For a claim based on fraud or mistake, “the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.”

Under § 1-52(9), a fraud or mistake claim accrues when the injured party discovers the facts constituting the fraud.

Hunter v. Guardian Life Insurance Co. of America · filed 2004-02-03(9)

Regarding claims based on fraud or mistake, the cause of action does not accrue until the injured party discovers the facts, constituting the fraud. N.C. Gen. Stat. § 1-52(9) (2003).

Section 1-52(5) permits a disease-related personal-injury action to be filed within three years after the plaintiff’s illness is first diagnosed.

Winbert E. Guy v. E.I. Dupont De Nemours & Co., a Delaware Corporation Mobay Chemical Corp., a New Jersey Corporation · filed 1986-06-06(5)

We further conclude that, consistent with Wilder and Hyer, an action based on the disease-related claims present here are not barred by the statute of limitations for personal injury actions under N.C.Gen.Stat. § 1-52(5), so long as the action is filed within three years after plaintiff’s illness is first diagnosed.

Section 1-52(5) supplies a personal-injury statute of limitations applicable to this negligence action, which the court found timely filed.

Doe v. American National Red Cross · filed 1992-07-10(5)

Rather, this action is subject to the North Carolina personal injury statutes of limitations found in N.C.Gen.Stat. §§ 1-52(5), (16). Under these statutes, it is undisputed that plaintiffs claim was timely filed.

Section 1-52(5)'s three-year limitations period does not govern a former service member's wrongful discharge action against the United States.

Perkins v. United States · filed 1992-05-19(5)

Tommy Perkins, a former officer in the United States Coast Guard, seeks review of a district court order dismissing pursuant to 28 U.S.C. § 1915(d) (1988) his wrongful discharge action against the government, on the ground that Perkins's action was barred by the three-year limitations period of N.C. Gen. Stat. § 1-52(5) (1983 & Supp. 1991). We find that the district court erred by applying the cited limitations provision.

Section 1-52's three-year limit for personal injury claims does not bar an action against a deceased defendant's estate when the defendant died before the limit expired and the action was filed before notice to creditors was published.

Lassiter v. Faison · filed 1993-07-20

Applying the foregoing statutes to the case at bar, and considering the fact that no notice of claims was published by the personal representative of the Vivian I. Walden estate previous to plaintiff’s filing of this action, it is clear that plaintiffs claim was not barred by the three-year statute of limitations set out in G.S. § 1-52 and that the trial court erred by granting summary judgment for defendants.

Section 1-52(16)’s three-year personal injury period cannot extend the two-year deadline for a wrongful death claim by labeling it a survivorship claim.

State Auto Insurance v. Blind · filed 2007-09-04(16)

To hold otherwise would allow plaintiffs to circumvent the two-year statute of limitations for wrongful death actions set forth in N.C. Gen. Stat. § 1-53(4) (2005) by waiting an additional year before filing the same claim, titled as a “survivorship” claim. See N.C. Gen. Stat. § 1-52(16) (2005) (establishing a three-year statute of limitations for personal injury claims “iulnless otherwise provided bv statute”) (emphasis added).

Section 1-52(16) delays accrual for latent physical damage until the damage is discovered or should reasonably have been discovered, but once some damage is known the claim accrues and later-discovered additional damage does not restart the limitations period.

McCarver v. Blythe · filed 2001-12-04(16)

“G.S. § 1-52 (16) modifies [the common law] rule in the case of latent damage only to the extent that it requires discovery of physical damage before a cause of action can accrue.”

Under § 1-52(9), fraud and conspiracy claims have a three-year limitations period that begins when the fraud is discovered or should have been discovered through ordinary care.

Neugent v. Beroth Oil Co. · filed 2002-03-05(9)

Plaintiffs fraud and conspiracy claims are governed by a three year statute of limitations. N.C. Gen. Stat. § 1-52(9) (1997). The statute commences from discovery of the fraud or from when it should have been discovered exercising ordinary care.

For fraud claims, § 1-52(9) starts the three-year limitations period when the claimant actually discovers the fraud or should discover it through reasonable diligence.

State Farm Fire & Casualty Co. v. Darsie · filed 2003-12-16(9)

Under this provision, “discovery” means either actual discovery or when the fraud should have been discovered in the exercise of reasonable diligence.

Section 1-52(5) bars a personal-injury claim when service defects make the action commence after the three-year period expires.

Kimball v. Vernik · filed 2010-12-07(5)

Therefore, the action was deemed commenced one hundred days after the date the statute of limitations expired, and Plaintiffs claim was barred by the statute of limitations and properly dismissed by the trial court.

Section 1-52(1) gives contract actions three years after breach, with an oral loan’s reasonable repayment period preceding the limitations period.

Bogovich v. Embassy Club of Sedgefield, Inc. · filed 2011-04-19(1)

A party must bring an action to recover the repayment within three years after the reasonable time period has passed.

Sections 1-52(4) and (1), not § 1-52(9)’s discovery rule, govern conversion and unjust-enrichment claims when the alleged mistake is negligent paperwork.

Stratton v. Royal Bank of Canada · filed 2011-04-19(4), (1), (9)

We conclude subsection 9 and the discovery rule do not apply to Ms. Stratton’s conversion and unjust enrichment claims.

Section 1-52(9) gives fraud and misrepresentation claims three years from discovery, while § 1-52(1) governs non-constructive-fraud fiduciary-duty claims.

Orr v. Calvert · filed 2011-06-07(9), (1)

The applicable statute of limitations for fraud or misrepresentation is three years from discovery of the facts constituting fraud or misrepresentation.

Section 1-52(1) gives tortious-interference claims three years, and § 1-52(16)’s discovery rule is limited to personal injury or physical-property damage.

Philips v. Pitt County Memorial Hospital Inc. · filed 2012-08-21(1), (16)

Plaintiff’s complaint was not filed until 12 August 2009, more than three years after Whatley’s allegedly tortious conduct, and thus this claim is barred by section 1-52(1).

Section 1-52(3) does not bar a continuing-trespass claim while structures causing the encroachment remain in place.

Adams Creek Associates v. Davis · filed 2013-06-04(3)

defendants had erected and continue to maintain structures on the Waterfront Property.

Section 1-52 supplies three-year periods for breach-of-contract and negligent-misrepresentation claims, subject to accrual rules that may delay the period.

Trantham v. Michael L. Martin, Inc. · filed 2013-06-18(1)

The statute of limitations for breach of contract and negligent misrepresentation is three years.

Section 1-52(3) gives a three-year limitations period for trespass measured from the date of the original trespass, and an intermittent-trespass theory does not avoid the bar unless the defendant controlled the conditions causing the trespass within the preceding three years.

BNT CO. v. Baker Precythe Development Co. · filed 2002-06-18(3)

The statute of limitations for trespass is three years from the date of the original trespass. N.C. Gen. Stat. § 1-52(3).

Section 1-52(9) gives a three-year limitations period for fraud and delays accrual until discovery, including when the fraud should have been found through reasonable diligence.

ADAMS CREEK ASSOCIATES v. Davis · filed 2007-11-06(9)

Further, N.C. Gen. Stat. § 1-52(9) provides that “[fjor relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.”

Under subsection (16), the three-year limitations period for demanding arbitration of UIM coverage cannot begin until the insured’s arbitration right arises after the liability insurer offers a settlement exhausting its coverage.

Register v. White · filed 2003-10-21(16)

We hold a UIM insured’s right to demand arbitration arises when the liability insurer has offered a settlement exhausting its coverage, and only once this right has arisen may the time limitation for demanding arbitration commence.

The court held that § 1-52(9) allows three years from fraud discovery, while §§ 1-52(5) and (4) are not extended by § 1-52(16)’s discovery rule for purely pecuniary loss because “This language is unambiguous and cannot be read as drawing within its scope pecuniary loss unrelated to personal injury or physical property damage.”

White v. Consolidated Planning, Inc. · filed 2004-10-05(9), (5), (16), (4)

This language is unambiguous and cannot be read as drawing within its scope pecuniary loss unrelated to personal injury or physical property damage.

Under N.C. Gen. Stat. § 1-52(9), fraud claims accrue when the aggrieved party actually discovers the fraud or when it should have been discovered through due diligence, and the discovery date is ordinarily a jury question.

Piles v. Allstate Insurance · filed 2007-12-04(9)

we have defined “discovery” within N.C. Gen. Stat. § 1-52(9) as “actual discovery or the time when the fraud should have been discovered in the exercise of due diligence.”

Section 1-52(16)'s discovery rule does not apply to criminal-conversation claims because § 1-52(5) specifically provides their three-year limitations period.

Misenheimer v. Burris · filed 2005-04-05(5), (16)

Since the cause of action for criminal conversation is specifically identified in the three-year statute of limitations contained in § 1-52(5), the discovery exception does not apply to criminal conversation cases.

Subsection (5) sets a three-year limitations period for criminal conversation and other noncontract injuries to a person or another's rights, including alienation of affections when no more specific period applies.

McCutchen v. McCutchen · filed 2005-05-03(5)

Pursuant to N.C. Gen. Stat. § 1-52(5), the statute of limitations is three years for “criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.”

Section 1-52(1) gives contract-based breach-of-fiduciary-duty claims a three-year limitations period running from accrual.

Toomer v. Branch Banking and Trust Co. · filed 2005-06-21(1)

Specifically, N.C. Gen. Stat. § 1-52(1) (2003) requires “an action . . . [u]pon a contract, obligation or liability arising out of a contract, express or implied,” to be brought within three years of the time that the cause of action accrues.

Under § 1-52(16), a claim accrues when the distinct injury at issue becomes apparent or reasonably should have become apparent, so a separate sewage discharge causing major property damage started a new limitations period on 8 August 2003.

Harrison v. City of Sanford · filed 2006-04-04(16)

It is clear from the words of the statute that the litmus test used in determining the date of the accrual of an action is the date on which the iniurv becomes apparent or reasonably should have been apparent.

Section 1-52(5) provides a three-year statute of limitations for prisoner civil-rights claims arising in North Carolina.

Allen v. Sewyer · filed 2007-04-02(5)

We have reviewed the record and find that Allen’s action is barred by the three-year statute of limitations applicable to prisoner civil rights claims arising in North Carolina.

Section 1-52(2) imposes a three-year limitations period on liabilities created by statute unless the statute creating the liability specifies a different period.

STATE Ex Rel. LONG v. CUSTARD · filed 2007-08-08(2)

The applicable limitations-period for liabilities “created by statute” is three years, “unless some other time is mentioned in the statute creating it.” Id. § 1-52(2).

N.C. Gen. Stat. § 1-52 imposes a three-year limitations period, so a negligence action commenced after that period is barred.

Robertson v. Price · filed 2007-11-06

the statute of limitations on Ms. Robertson’s claims barred any action commenced after 14 March 2006.

Section 1-52(2) supplies a three-year limitations period for liability created by statute when the statute creating the liability provides no different period, with accrual when the right to sue arises.

Sugar Creek Charter School, Inc. v. Charlotte-Mecklenburg Board of Education · filed 2008-02-05(2)

A three-year statute of limitations applies for any action “[u]pon a liability created by statute, either state or federal, unless some other time, is mentioned in the statute creating it.”

For a continuing trespass, § 1-52(3) requires the action to be filed within three years after the original trespass.

Woodring v. Swieter · filed 2006-12-05(3)

“When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.” N.C. Gen. Stat. § 1-52(3) (2005).

Under § 1-52(16), a personal-injury claim accrues when bodily harm becomes apparent or reasonably should have become apparent, and later damage does not restart the limitations period.

Faulise v. Smithkline Beecham Corp. · filed 2007-04-05(16)

"[a cause of action] for personal injury . . . shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs."

For negligence claims involving personal injury or physical damage to property, § 1-52 provides a three-year limitations period that starts when the harm becomes apparent or reasonably should have become apparent.

Lord v. Customized Consulting Specialty, Inc. · filed 2007-04-17

In North Carolina, the applicable statute of limitations for claims involving negligence for personal injury or physical damage to a claimant’s property is three years, which “shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.”

Section 1-52(1) supplies a three-year limitations period for breach of contract, and under § 1-52(16) a property-damage claim accrues when the physical damage becomes apparent or reasonably should have become apparent.

Baum v. John R. Poore Builder, Inc. · filed 2007-05-01(1), (16)

Plaintiffs’ cause of action for breach of contract against Defendant Poore is governed by a three-year statute of limitations. N.C. Gen. Stat. § 1-52(1) (2003). ... Under North Carolina law, for “physical damage to claimant’s property, the cause of action... shall not accrue until. . . physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.” N.C. Gen. Stat. § 1-52(16) (2003).

Under § 1-52(9), a fraud claim accrues when the aggrieved party discovers the facts constituting the fraud, making the claim timely here based on the stated discovery date.

North Carolina State Bar v. Gilbert · filed 2008-03-18(9)

Thus, we affirm the trial court’s finding that the accrual date for fraud was 20 April 2000, and that the complaint, filed on 16 April 2002, was well within the statute of limitations.

Section 1-52(1) requires a breach-of-contract action to be filed within three years after the breach.

Strategic Outsourcing, Inc. v. Continental Casualty Co. · filed 2008-04-16(1)

Under North Carolina law, a plaintiff must bring an action for breach of contract within three years of the date of the breach.

Section 1-52(1) imposes a three-year limitations period on contract obligations, which may be extended by a qualifying new promise to pay or partial payment.

Andrus v. IQMax, Inc. · filed 2008-05-06(1)

“Although the statute of limitations on contract obligations is three years, a new promise to pay or partial payment of an existing debt may extend the time to collect the debt up to three years from the time of the new promise or partial payment.”

N.C. Gen. Stat. § 1-52(5) and (9) imposes a three-year statute of limitations on claims for reformation based on mutual mistake or misrepresentation, negligent failure to procure insurance, and misrepresentation.

State Farm Mutual Automobile Insurance v. Gaylor · filed 2008-05-06(5) and (9)

The Gaylors’ counterclaims are subject to a three-year statute of limitations pursuant to N.C. Gen. Stat. § 1-52(5) and (9) (2005).

Under § 1-52(16), the three-year limitations period for a tort claim begins on the accident date and applies to an uninsured-motorist carrier.

Cline v. Owens · filed 2008-06-17(16)

“the three-year tort statute of limitations, which begins running on the date of an accident, also applies to the uninsured motorist carrier.”

Section 1-52(1) sets a three-year limitations period for breach-of-contract claims and contains no discovery clause.

Mills v. Wachovia Bank, NA · filed 2008-07-15(1)

There is a three year statute of limitations in this state for conversion, North Carolina General Statutes, section 1-52(4)(2007), and for breach of contract. N.C. Gen. Stat. § 1-52(1) (2007). As a general principle neither 1-52(4), nor 1-52(1), contain a "discovery" clause.

Section 1-52(1) generally gives breach-of-contract actions a three-year limitations period: “The applicable statute of limitations for breach of contract actions is generally three years.”

Greene v. Colby · filed 2008-10-21(1)

The applicable statute of limitations for breach of contract actions is generally three years. N.C. Gen. Stat. § 1-52(1) (2007).

Section 1-52(1) provides a three-year limitations period for an indemnity-contract claim, and a tolling agreement can prevent that period from barring the action.

Charlotte Motor Speedway, Inc. v. Tindall Corp. · filed 2009-02-03(1)

The statute of limitations period for an indemnity contract is three years.

Section 1-52(1) imposes a three-year limitations period for breach-of-contract and implied-contract unjust-enrichment claims.

Housecalls Home Health Care, Inc. v. State · filed 2009-09-15(1)

Under our General Statutes, the statute of limitations for bringing a cause of action-for breach of contract, conversion, or unjust enrichment is three years.

Section 1-52(1) provides a three-year limitations period for breach-of-fiduciary-duty allegations that do not rise to constructive fraud, while constructive-fraud claims based on that breach fall under § 1-56's ten-year period.

Babb v. Graham · filed 2008-05-20(1)

It is true that “[a]llegations of breach of fiduciary duty that do not rise to the level of constructive fraud are governed by the three-year statute of limitations applicable to contract actions contained in N.C. Gen. Stat. § 1-52(1) (2003).”