Commentary

110 Limitation of liability clauses

BUILDING AND ENGINEERING vol 5
| Commentary

110 Limitation of liability clauses

| Commentary

110 Limitation of liability clauses

In view of the very large risks and sums of money involved in construction projects, it has become common practice for contractors to seek to limit or exclude their liability to account to the employer for all or for certain types of loss. Such clauses commonly take the form of caps on overall liability (which is often limited to the contract sum), or a series of sub-caps on certain types of liability (for example, liability to third parties or for design defects)1. They may also exclude certain types of loss, such as consequential or economic

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