§ 133-28. Civil damages; liability; statute of limitations. - North Carolina Statutes

§133‑28.  Civil damages; liability; statute of limitations.

(a)        Any governmentalagency entering into a contract which is or has been the subject of aconspiracy prohibited by G.S. 75‑1 or 75‑2 shall have a right ofaction against the participants in the conspiracy to recover damages, asprovided herein. The governmental agency shall have the option to proceedjointly and severally in a civil action against any one or more of theparticipants for recovery of the full amount of the damages. There shall be noright to contribution among participants not named defendants by thegovernmental agency.

(b)        At the election ofthe governmental agency, the measure of damages recoverable under this sectionshall be either the actual damages or ten percent (10%) of the contract pricewhich shall be trebled as provided in G.S. 75‑16.

(c)        The cause of actionshall accrue at the time of discovery of the conspiracy by the governmentalagency which entered into the contract.  The action shall be brought within sixyears of the date of accrual of the cause of action. (1981,c. 764, s. 1; 1993, c. 441.)