Does anyone know if the statute is retroactive? ie... does it only apply to surveys conducted after the law was passed or is it retroactive to surveys 12 years from today?
1978 Amendment. Act 53 amended subsecs. (a) and (b).
§ 5537. Land surveying.
All actions to recover any or all damages against any person engaged in the practice of land surveying occurring as the result of any deficiency, defect, omission, error or miscalculation shall be commenced within 12 years from the time the services are performed. Any such action not commenced within this 12-year period shall be forever barred. The cause of action in such cases shall accrue when the services are performed. Furthermore, any action shall be commenced within four years from the time that such cause of action was discovered, but no later than during this 12-year limitation period. In any event, no action shall be commenced after the 12 years from the time that the services are performed. The term "practice of land surveying" shall be the same as defined under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law.
(June 30, 1988, P.L.464, No.79, eff. imd.; July 7, 2006, P.L.348, No.72, eff. 60 days)
This is one of the most well-written limitation of liability statutes that I've seen written. The time periods for repose and limitation are very well reasoned and stated. I presume that the 12-year repose is tied to the adverse possession statutes. The 4-year discovery rule is more than fair. There might be an issue with discovery made in years 8-12 which shorten the response time for filing litigation which might still be argued. Anything left arguable means that some surveyor is going to get stuck with the attorney fees defending against the argument.
A good model for any state society wishing to pursue enactment.
JBS
