Limitation of Liability Clause Protecting Owner is Not Voided by Owner’s Breach of Contract or Alleged Bad Faith
Bad Faith,Limitation of Liability
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A Limitation of Liability (LoL) clause 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 contract and not to limit additional damages for [...]
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Limitation of Liability Clause Enforced in Favor of Architect by Georgia Court
Indemnification,Limitation of Liability
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A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed. The architect’s motion for partial summary judgment to enforce the clause was denied by [...]
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Limitation of Liability Clause Enforced in Favor of Architect by Georgia Court
Georgia,Indemnification,Limitation of Liability,Negligence
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A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed. The architect’s motion for partial summary judgment to enforce the clause was denied by [...]
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Limitation of Liability Clause in Engineer’s Contract Enforced in Georgia
ConstructionRisk.com Report Vol. #12, Issue #4
See article in the following topic indices:
Georgia,Limitation of Liability,Soil Report
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An engineering firm performed soil studies and rendered an opinion on the suitability of using septic systems in a residential subdivision being developed by its client. The client sued the engineer on the basis of allegedly inaccurate conclusions. The engineer successfully moved for summary judgment to enforce a limitation of liability (LoL) clause in its [...]
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