concurring specially.
[¶ 21] I agree with the analysis that N.D.C.C. § 28-01-44 does not apply to products liability claims arising out of exposure, during construction, to an allegedly dangerous, defective product. Moreover, were there any question as to the application of N.D.C.C. § 28-01-44 to those claims, I would hold that N.D.C.C. § 28-01.3-08(4), controls this action. That section reads in part that,
“[a]n action to recover damages based on injury allegedly resulting from exposure to asbestos ... must be commenced within three years after the injured person has been informed of discovery of the injury by competent medical authority and that the injury was caused by exposure to asbestos ... or within three year’s after the discovery of facts that would reasonably lead to the discovery, whichever is earlier.”
[¶ 22] Section 28-01.3-08(4), N.D.C.C., is a special statute dealing with asbestos and, if there were any conflict with the more general provision of section 28-01-44, N.D.C.C., I believe section 28-01.3-08(4), N.D.C.C., would prevail. N.D.C.C. § 1-02-07 (particular controls general). See, Van Raden Homes v. Dakota View Estates, 520 N.W.2d 866, 868 (N.D.1994) (“A particular statute specifically applicable to a statutory procedure must control over a conflicting general provision, particularly one that is made applicable only by general reference.”).
[¶ 23] Because asbestos is a specific product, N.D.C.C. § 28-01.3-08(4) would prevail over the more general N.D.C.C. § 28-01-44 concerning building construction generally.
[¶ 24] KAPSNER, J., concurs.