$50,000 Limitation of Liability Clause Enforced Although Eight Percent of Designer’s Fee

by Kent Holland | Feb 7, 2018 | limitation of liability clause, Newsletter Article

A design professional was granted summary judgment enforcing a $50,000 limitation of liability (LoL) clause and waiver of consequential damages clause in its contract with its client, the design-builder. Although this amount was only eight (8) percent of the...

Limitation of Liability Clause Enforced to Limit Recovery to only $550,000 of a $9.5 Million Jury Verdict

by Kent Holland | Sep 26, 2017 | limitation of liability clause, Newsletter Article

Where a housing developer won a jury verdict for more than $9.5 million against a geotechnical engineer, the court applied the limitation of liability (LoL) clause in the geotech’s contract to cap the liability at $550,000. The developer attempted to avoid the LoL by...

Limitation of Liability Clause Enforced – Even in Face of Allegations of Gross Negligence

by Kent Holland | Oct 28, 2013 | limitation of liability clause, Newsletter Article

Where a limitation of liability clause in a design professional contract would limit a homeowner’s claim against its designer to the total fee for services, the plaintiff sought to avoid the affects of the clause by asserting that the designer had acted with gross...

Limitation of Liability Clause Enforced – $70K Limit on $4.2 Million Claim

by Kent Holland | Oct 28, 2013 | limitation of liability clause, Newsletter Article

An architect’s contract containing a limitation of liability clause (LoL) was enforced to grant a partial summary judgment limiting the architect’s liability to $70,000 in the face of a $4.2 million claim for damages due to structural problems that required a nearly...

Limitation of Liability Clause Enforced

by Kent Holland | Jul 22, 2011 | limitation of liability clause, Newsletter Article

By: J. Kent Holland, Jr. Where the developer of an apartment complex brought suit against a professional engineering firm, seeking damages allegedly resulting from the negligent design of the storm water drainage system for the complex, the court granted a partial...

Limitation of Liability Clause Protecting Owner is Not Voided by Owner’s Breach of Contract or Alleged Bad Faith

by Kent Holland | Feb 9, 2011 | limitation of liability clause, Newsletter Article

A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under the...