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Do I have an action against a surveyor who erred in setting the elevation of my house in 1996?

1 Answers. Asked on Oct 09th, 2014 on Construction Law - New Jersey
More details to this question:
Surveyor made a mistake in surveying and setting the height of my house in 1996 such that it was set 2' below the height it was supposed to b. As a result, it was damaged in Superstorm Sandy, and we now find it to be in partial noncompliance with the building code [for flood elevation and flood insurance], and rendering the FEMA food elevation certificate to be invalid. Was only recently discovered [August 2014] when issue of raising the house was asked after Sandy. Is the surveyor liable for his mistake? If so, is there a SOL in effect? If there is, when does it start? Thank you.
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Answered on Oct 12th, 2014 at 1:30 PM

No, I'm sorry but the statute of limiations for this has probably run out several years ago.  There will be an argument that you knew, or should have known about the error many years ago.  Furthermore, if you look at the surveyor's contract, there is probably a clause that says that damages are limited to the amount paid to the surveyor for the work completed.  

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