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Latest Legislative Updates: July 10, 2019

2019 Legislative Session
House Bill 871, otherwise known as the Fair Contracting bill, was signed into law by Governor Roy Cooper on Monday, July 8, 2019.  This was a bill presented by Rep. Dean Arp and supported by a coalition of industry stakeholders including surveyors.  It now limits contracts from requiring you to defend owners unless you are found negligent.  It is a huge win for companies that have to turn down contracts because their liability insurance doesn't support costs except for their own negligence.  Your membership in NCSS played a vital role in this benefit to you!

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 following an amendment to clarify the difference between physical damage and  other damages.  The bill was also amended by the Credit Union lobbyist on July 3rd which prevented the final vote in the House from taking place. This amendment is scheduled to be removed on July 10, 2019 because it was controversial enough to slow down the ratification of the bill.  This takes careful monitoring and lobbying. We thank McGuireWoods Consuting and our lobbyist Kerri Burke for their hard work on this legislation.

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.

To contribute to our Political Action Committee (PAC), please mail your personal check to NCSS, PO Box 2101, Wake Forest, NC 27587.


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