When our consultant clients consider an appointment for a particular commission, the clauses which typically receive primary consideration are those relating to limiting or excluding liability for certain losses. Amongst other things, this is because of the significant losses (which might be uninsured), which a party may sustain in the event of a claim, in circumstances where such clauses are not incorporated into the contract.
In the UK construction, engineering and infrastructure sector, the market and typical approach to clauses which seek to limit and exclude liability continues to evolve. One view is that since the financial crisis and recession in 2008, the approach to limiting or excluding liability has become ‘harder’, as clients seek to impose more onerous provisions. Such clauses are also becoming more inventive: for example, the traditional approach of an aggregate or per claim limit of liability might not be as common place as it used to be.
In this webinar, Will Buckby (Partner) and Simii Sivapalan (Solicitor) discuss clauses which relate to limiting liability or excluding liability in the UK construction, engineering and infrastructure sector. They discuss:
- the types of limit and exclusion of liability clauses, which our consultant clients should be including in their appointments – it is not as straightforward as simply agreeing to an aggregate limit of liability and perhaps an exclusion for indirect and consequential losses;
- examine how the market currently approaches such clauses, and highlight any patterns in relation to the type of project, the clients procuring the project, and a consultant’s place in the hierarchical supply chain;
- debate the approach to limiting and excluding liability in standard form agreements, which consultants are used to entering into, such as the NEC3 Professional Services Contract, the RIBA and ACE Standard Agreements, and the PPC2000, and suggesting improvements to the same; and
- highlight how our client’s policies and procedures might approach the risks relating to limitation and exclusion of liability clauses.
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For a pdf of the slides, please click on this link.
To view a recording of the seminar, please click on the video below