Keiting v. Skauge – Case Brief Summary (Wisconsin)

In Keiting v. Skauge, 198 Wis. 2d 887, 543 N.W.2d 565 (Wis. Ct. App. 1995), the Wisconsin Court of Appeals dealt with a contractual provision that shortened the period of limitations and specified the time for accrual of a cause of action.

A homeowner sued a home inspection company, alleging that the company had failed to report defects in the home. 543 N.W.2d at 567-68.

By statute, Wisconsin recognizes the right of parties to contract for a shorter period of limitations than that provided by Wisconsin law.

In Kieting, the court perceived no reason why parties should be able to contract for a shorter limitations period but not be able to assign a date from which the period of limitations would run. Id.

The court found that "where parties freely and voluntarily wish to alter that state of affairs, public policy supports their right to do so." Id. at 567.