In a recent decision by the Supreme Court of Georgia, the court upheld a one-year limitation clause in a contract between Albert Omstead and BPG Inspection, LLC. The case arose after Mr. Omstead’s death when a retaining wall at his home collapsed on him more than a year after an inspection by BPG. His widow, Jessique Omstead, filed a wrongful death lawsuit against BPG Inspection and its employee James Golden. The trial court initially ruled that the one-year limitation was unenforceable, but the Court of Appeals reversed this decision. The Supreme Court agreed with the appellate court, stating that the contractual limitation is enforceable and not void against public policy. This ruling underscores the importance of contractual agreements and their enforceability unless explicitly prohibited by law or public policy.
Source: S23G0771_OMSTEAD_v_BPG_INSPECTION_LLC_et_al_Opinion.pdf
