Court applies six-year statute of limitations to surveyor and clerical error
Cedar River Investment Company sued Benchmark Engineering and Joseph B. O'Neill for negligence after purchasing a condominium in Antrim County. Through a clerical error, the condo was certified as having 26000 square feet of floor space, when in actuality it had only 18000 square feet. The Investment Company claimed that it relied upon the surveyor's certification of the size of the unit in the condo sub plan when it purchased the unit.
The Court of Appeals upheld the lower court's ruling that Cedar River's claim was brought too late. Even though the error in floor space was made by a technician who worked for Benchmark, the Court ruled that the six-year statute of limitations applicable to surveyors and survey reports was applicable to this claim.