Limitation of Liability as Part of Negotiated Risk Allocation in Engineering Contracts

by William S. Zoino, Goldberg-Zoino & Associates Inc, United States,

Document Type: Proceeding Paper

Part of: Excellence in the Constructed Project


The use of risk allocation in design contracts has grown considerably over the past eighteen years and is now used extensively by architects and engineers. Negotiated risk allocation has been upheld in many court cases, and the criteria for preparation of these clauses will continue to improve based on the results of these gases, provided that the negotiation and contract between Engineer and Client embodies a concept of fairness. Those who intend to use such clauses in their contracts should consult with their own legal counsel for the proper wording and methodology to be used in their areas of practice.

Subject Headings: Liability | Risk management | Contracts | Building design | Architects | Court decisions | Dissolved gases | Client relationships

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