Hi everybody,
I am looking for Florida registered P.E. with some knowledge of aluminum structures.
It will take probably some finite elements analyses. Nothing standard in this project, it takes some imagination.
Please contact me privately at Jsieszycki@yahoo.com.
Thanks
John Sieszycki, P.E.
Montreal, Canada
From: "Jordan Truesdell, PE" <seaint2@truesdellengineering.com>
To: seaint@seaint.org
Sent: Thu, November 5, 2009 8:07:06 PM
Subject: Re: Limitation of Liability Clauses -- Contracting through Architect
If you were in Virginia, it would be wholly unenforceable, as the state does not recognize limits of liability in contracts for professional services. Naturally, there are groups trying to change this. If I remember my Shinnerer seminars, limiting to fee is also generally unacceptable because the actual risk is far in excess of the fee (i.e.' - it has been termed "unreasonable" by courts in the past).
I still use it in mine (limited to my fee except in the case of gross negligence or intentional misconduct). Sometimes I'll put in a basic value instead, and it becomes part of the negotiation if it's challenged.
Jordan
Michel Blangy wrote:
> My clause stipulates X amount of dollars or the engineer's total fee,
> whichever is lesser. What is the enforceability of this type of clause?
>
> Michel Blangy
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