The terms “Statutes of Limitation” and “Statutes of Repose” are often confused. A statute of limitation limits the amount of time that a claimant has to file suit. Statutes of limitation generally begin to run on the date the cause of action accrues which, in most cases, is the time of an injury or the discovery of an injury to property of a person. They are purely a procedural defense to a claim. Technically speaking, the claim continues to exist but no relief can be obtained once the statute of limitation has expired. Statutes of repose are considered to be more rigid in their application. Time limitations for statutes of repose are usually not measured from the day the cause of action accrues. Instead, they
Lurking in the standard automobile policy used in North Carolina is a trap for the unwary. The standard policy extends coverage to a temporary substitute automobile if the insured vehicle is out of normal use because of its breakdown, repair, servicing, loss, or destruction. However, the temporary substitute automobile cannot be owned by the person operating it as a substitute. In addition, coverage for a temporary substitute automobile has been denied when the covered vehicle was still operable although in very poor condition. If you intend to temporarily use a motor vehicle for convenience while your regular vehicle is otherwise available for normal use, you should contact your insurance agent regarding possible coverage for this temporary vehicle. If you have
Arbitration versus Mediation
Arbitration and mediation have become more common in recent years. The inclusion of one-sided arbitration clauses in consumer agreements with large businesses has taken away the ability of consumers to obtain legal relief in courts. North Carolina’s requirement that all civil cases in Superior Court be mediated prior to trial has successfully reduced the number of cases going to trial and has shortened the time to conclude these cases. Arbitration and mediation both involve settlement of disputes but are different in one important way. The arbitration process requires a single arbitrator or a panel of arbitrators to hear evidence from the parties and reach a decision that is enforceable just like a judgment obtained in a trial. On the other
Does Your Construction Contract Have a Solid Foundation?
The spring construction season is nearly here! Whether your project plans are small or large, your contract can cause big headaches if you leave out an essential section. You should always have your contracts reviewed by an attorney, but use this checklist as a guide when you interview contractors or builders to make sure you are working with an honest and ethical professional. The Parties – Make sure you have the correct names of all of the persons entering into the contract. Check the North Carolina Secretary of States Corporations Division to find out whether your contractor is incorporated, and use the business name listed on their Articles of Incorporation. If your contractor is not incorporated (or their corporation has
Where a purchaser of a lot in a planned community obtains title to the lot as a result of foreclosure of a first mortgage or first deed of trust, the purchaser is not liable for the assessments against the lot which became due prior to the acquisition of the lot by the purchaser. The unpaid assessments are deemed to be common expenses collectible from all the lot owners, including the purchaser. N.C. Gen. Stat. § 47F-3-116(j).