Thursday, November 5, 2009

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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