Limitation of Liability

As with other construction and procurement agreements, contractors will seek to limit their liability to the project developer and request a waiver of consequential, indirect, incidental, and special damages.  Those clauses must be negotiated carefully to ensure that excluded categories of damages are clearly defined (they may not be clearly established in the law).  A contractor will usually seek to have its liability for damages limited to a stated percentage of the value of the relevant agreement.  The parties may carve out particular issues and may specify the contractor’s maximum aggregate liability.

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