Court dismisses accounting malpractice verdict because contract contained shorter statute of limitations.
Under Michigan law, the statute of limitations for accounting malpractice is two years. The County of Alcona attempted to sue its accountants, Robson Accounting, Inc., doing business as Rehmann Robson, alleging that the accountants negligently performed their auditing responsibilities. The County achieved a verdict against the accountants, however, it was dismissed on appeal. The higher court held that the accountants were within their rights by including in their contract a one-year statute of limitations. The Court noted that the Michgian Supreme Court's Republican majority has ruled that there is no public policy in Michigan that would prohibit professionals from arbitrarily limiting the normal statute of limitations by contract. People are free to bargain away their rights according to Republican dogma, whether it be the right to sue, the right to jury trial, the right to be treated as a "reasonable insured" would expect, or the right to enforce statutory rights conferred by the Legislature or Constitution.