Professional Liability
Professional Liability
(OP)
Is it possible in any/most jurisdictions, if you have a knowledgeable client, to contract out of extent of liability? Can liability be limited to fees or have an upset value?
Dik
Dik
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RE: Professional Liability
RE: Professional Liability
RE: Professional Liability
A limitation of liability in a contract will hold up in court, provided the client has contractual experience. A limit of liability can be over-turned if it can be proven the contract was signed by someone not familiar with contracts - know who will be signing. If the client is contract savy and uses and signs many contracts, the likelihood of the contract being overturned goes down. Highlighting the limitation clause and limits, therefore bringing specific attention to it, should reduce the likelihood even further.
RE: Professional Liability
One common example is the "waiver" forms at amusement parks, for various rides, ski hills, etc. For the most part, they are not worth the paper they are written on.
This is probably a really good topic to bring up with your lawyer.
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RE: Professional Liability
Mike McCann
McCann Engineering
RE: Professional Liability
I was just wondering that if it were acceptable, then most engineering contracts would insert this type of limitation and the prolonged exposure to liability would 'disappear'. Seems odd that some professional associations have difficulty reducing the period of limitation if it were a simple matter of including this in an agreement. Again, the awareness of the client to contracts would be a big factor.
Dik