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Latest Legislative Updates: May 3, 2019

2019 Legislative Session
Three bills are currently making their way through the North Carolina General Assembly supported by NCSS. Senate Bill 569 will protect the interests of surveyors and other design professionals from unfair contracting and their duty to defend owners if they are not found negligent. We have worked with Engineers, Architects and Landscape Architects to protect your business from unnecessary liability. The bill was scheduled for a Senate vote on May 6, 2019, but was withdrawn from the calendar and re-referred to the Senate rules committee. NCSS will continue to follow and update this page as needed.

Senate Bill 332 and House Bill 870 are similar bills clarifying the Statute of Repose for Surveyors practicing in NC. The following is a brief description from Steve Yuhasz, Legislative Chairman:

In 2014 the NC Court of Appeals mistakenly conflated the three year statute of limitations and the ten year statute of repose that then existed for actions by Land Surveyors. The unfortunate result was an expansion of the statute of limitations period to ten years. This legislation, if adopted, would restore a three year statute of limitations (the time you have to bring a lawsuit for damages after you discover an injury) for actions by surveyors.  It also defines the “time of discovery” for physical damage as the point at which the damage occurs (whether discovered or not) and restores the statute of repose protection (the time in which you must file a lawsuit, regardless of when the injury was discovered) to a new, shorter period of seven years.

S332 passed the Senate unanimously on May 6, 2019. H870 passed the House May 7, 2019 with a vote of 105-11. The Senate bill will have to move through the House once more before becoming law.

Letter of Opposition to Virginia's RFP for Unmanned Aerial Systems Projects
The NCSS Board of Directors has written to the Virginia Government Procurement Dept. to support Virginia in their opposition to a recent RFP which encourages unlicensed surveyors to bid on jobs with their UAS.  It also does not take into account The Brooks Act or other states' Mini-Brooks Acts. Click here to read letter.