Omstead v. Bpg Inspection, LLC

Summary

The court held that a home-inspection agreement’s clearly worded one-year filing limitation applied to wrongful-death, tort, contract, fraud, and gross-negligence claims, even though the wrongful-death claim accrued after the contractual period expired. The court further held that the provision was a contractual time limitation rather than an exculpatory, indemnity, or hold-harmless clause and was not void as against public policy. The judgment enforcing the limitation was therefore affirmed.