From Construction Law Today-How Enforceable Are Limitations of Liability: Something a Contractor, Architect, and Engineer Would Like to Know

Saw this on a blog I follow…contractors, achitects and others take note…

Summary: Zerjal v. Daech & Bauer Construction, Inc.

This decision concerns the limitation of liability in a home inspector’s contract. But the principles involved affect building contractors, architects, engineers, other professionals, and anyone else who would also like to contractually limit their exposure. And it’s all the more compelling because these judges enforce the limitation not against a Fortune 100 company, but against that most sacred of judicially protected constituencies: the homeowner.

In enforcing the limitation, the judges hold that contractually capping liability to a refund of fees paid:
•Isn’t “unconscionable,” and
•Doesn’t violate “public policy”

READ THE WHOLE ARTICLE AT JOSH GLAZOV’s blog by clicking here

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