Asheville School v. D. v. Ward Construction, Inc.

WHICHARD, Judge.

Plaintiff contends the court erred by granting defendants’ motions for judgment notwithstanding the verdict on the issue of breach of contract. We disagree. Without addressing whether plaintiff may bring an action against these particular defendants, we find that plaintiffs action for breach of contract is barred by N.C. Gen. Stat. 1-52(1), the three year statute of limitations, and N.C. Gen. Stat. 1-52(16), which provides that in an action for physical damage to claimant’s property “the cause of action . . . shall not accrue until . . . physical damage to [claimant’s]…