Reformation is a legal theory used to correct mistakes in a legal document. More technically, it is an “extraordinary equitable remedy and should be granted with great caution and only in clear cases of fraud or mistake.” Morris v. Brown, 941 S.W.2d 835, 840 (Mo. Ct. App. 1997). For example, in cases of mistake, the mistake must be mutual and common to both parties to the instrument; it must appear that both have done what neither intended. State ex rel. State Highway Comm’n v. Schwabe, 335 S.W.2d 15, 19 (Mo. 1960).
The statute of limitations to bring a reformation claim is also quite lengthy. “There is no dispute that the statute of limitations for a contractor reformation is ten years.” Husch & Eppenberger, LLC v. Eisenberg, 213 S.W.3d 124, 128 (Mo. Ct. App. 2006); Section 516.110, RSMo.