beej67
Civil/Environmental
- May 13, 2009
- 1,976
My situation is as follows:
I'm an engineering sub-consultant, specializing in water resources. Sometimes I work for a client who's a land owner, and in those cases I generally get him to sign a LOL clause in the contract, that looks something like this:
********************
Limitation of Liability: In recognition of the relative risks and benefits of this analysis to both the client and the consultant, the risks have been allocated such that the client agrees, to the fullest extent permitted by law, to limit the liability of the consultant to the client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the consultant to the client shall not exceed $_______. (initial: _____ ) It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
********************
Reason being, my fees are low, so I can't exactly bear responsibility for a katrillion dollar lawsuit because I went to go take pictures of a drainage problem for $500. I sit down with the owner when he signs the contract and explain it to him, then he fills in the liability limit and initials.
..but sometimes I work for engineers, doing complicated hydrology studies or the like when they don't have the expertise to perform them in house. These are performed entirely by me, stamped by me, etc. For fixed fee proposals (It will cost you $X for me to supply you a hydrology study) I would like to include a similar clause.
QUESTION ONE: Is this typically done between engineers?
..and then other times, when I work for engineers, they want to hire my company to provide them hourly labor for their designs, which could include drafting, design, hydrology, running prints, whatever. These would be on projects they oversee, they review, they stamp, and neither my name nor the name of my company ever shows up on the deliverable except occasionally as some initials in the title block of a construction drawing.
QUESTION TWO: Do I need such a clause for that sort of contract at all? Do I need some sort of 'hold harmless agreement' instead? Should I not worry about it?
Thanks in advance.
Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -
I'm an engineering sub-consultant, specializing in water resources. Sometimes I work for a client who's a land owner, and in those cases I generally get him to sign a LOL clause in the contract, that looks something like this:
********************
Limitation of Liability: In recognition of the relative risks and benefits of this analysis to both the client and the consultant, the risks have been allocated such that the client agrees, to the fullest extent permitted by law, to limit the liability of the consultant to the client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the consultant to the client shall not exceed $_______. (initial: _____ ) It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
********************
Reason being, my fees are low, so I can't exactly bear responsibility for a katrillion dollar lawsuit because I went to go take pictures of a drainage problem for $500. I sit down with the owner when he signs the contract and explain it to him, then he fills in the liability limit and initials.
..but sometimes I work for engineers, doing complicated hydrology studies or the like when they don't have the expertise to perform them in house. These are performed entirely by me, stamped by me, etc. For fixed fee proposals (It will cost you $X for me to supply you a hydrology study) I would like to include a similar clause.
QUESTION ONE: Is this typically done between engineers?
..and then other times, when I work for engineers, they want to hire my company to provide them hourly labor for their designs, which could include drafting, design, hydrology, running prints, whatever. These would be on projects they oversee, they review, they stamp, and neither my name nor the name of my company ever shows up on the deliverable except occasionally as some initials in the title block of a construction drawing.
QUESTION TWO: Do I need such a clause for that sort of contract at all? Do I need some sort of 'hold harmless agreement' instead? Should I not worry about it?
Thanks in advance.
Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -
