Feb

    Limitation of Liability Clauses in Construction Contracts [CC]

    1 PM EST

    Many industry form documents and custom construction contracts contain provisions shifting or limiting the respective parties' risks. One of the main risk-limiting provisions seen primarily in the terms and conditions of construction or professional services agreements is the "limitation of liability" clause ("LoL" clause).

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    These clauses generally establish the maximum liability or exposure of an owner, contractor or designer/engineer if there is a claim. When dealing with a limitation of liability clause a frequent legal issue that is often disputed, is whether or not the clause is actually enforceable. The panel will discuss key cases, such as Zirkelbach Construction, Inc. v. DOWL, LLC, 389 Mont. 8 (Montana 2017) (capping design firm's liability at $50,000 where the Contractor alleged over $1 million in damages due to a LoL clause in the contract).

    Event Details

    Duration

    90

    Format

    Web

    Date

    Feb 27, 2020

    2020-02-27T13:00:00-05:00 2020-02-27T14:30:00-05:00 Limitation of Liability Clauses in Construction Contracts [CC]

    Many industry form documents and custom construction contracts contain provisions shifting or limiting the respective parties' risks. One of the main risk-limiting provisions seen primarily in the terms and conditions of construction or professional services agreements is the "limitation of liability" clause ("LoL" clause).

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    Forum on Construction Law

    CLE Credit

    The ABA will seek up to 1.50 CLE credit hours in 60-minute states, and 1.80 CLE credit hours in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. For more information about CLE accreditation in your state, visit www.americanbar.org/groups/construction_industry or contact Patricia Harris by email at Patricia.Harris@americanbar.org.

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