§ 41-02.1-54 — (2A-506) Statute of limitations

North Dakota § 41-02.1-54

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02.1: Leases

Text

1. An action for default under a lease contract, including breach of warranty or indemnity,
must be commenced within four years after the cause of action accrued. By the
original lease contract the parties may reduce the period of limitation to not less than
one year.
2. A cause of action for default accrues when the act or omission on which the default or
breach of warranty is based is or should have been discovered by the aggrieved party,
or when the default occurs, whichever is later. A cause of action for indemnity accrues
when the act or omission on which the claim for indemnity is based is or should have
been discovered by the indemnified party, whichever is later.
3. If an action commenced within the time limited by subsection 1 is so terminated as to
leave available a remedy by another action for the same default or breach of warranty
or indemnity, the other action may be commenced after the expiration of the time
limited and within six months after the termination of the first action unless the

termination resulted from voluntary discontinuance or from dismissal for failure or
neglect to prosecute.
4. This section does not alter the law on tolling of the statute of limitations nor does it
apply to causes of action that have accrued before this chapter becomes effective.