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Re: Limitation of Liability Clauses -- Contracting through Architect

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If you were in Virginia, it would be wholly unenforceable, as the state does not recognize limits of liability in contracts for professional services. Naturally, there are groups trying to change this. If I remember my Shinnerer seminars, limiting to fee is also generally unacceptable because the actual risk is far in excess of the fee (i.e.' - it has been termed "unreasonable" by courts in the past). I still use it in mine (limited to my fee except in the case of gross negligence or intentional misconduct). Sometimes I'll put in a basic value instead, and it becomes part of the negotiation if it's challenged.

Jordan



Michel Blangy wrote:
My clause stipulates X amount of dollars or the engineer's total fee,
whichever is lesser. What is the enforceability of this type of clause?

Michel Blangy





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