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Limitation of Liability
Presenters: Ronald Leaders, Buckley & Leaders, and
Paul Lurie, Schiff Hardin & Wait

Limitation of Liability - Our most popular program sheds light on the various limitations on damages and remedies. Common clauses and negotiating positions are examined. Negotiation strategies and tools to deal with onerous clauses are provided.

Liability is a complex and challenging subject. We recommend you have junior and senior staff attend this program to ensure compelling post-program discussion. Post-conference discussion points and pre/post test are available upon request.

Learning Objectives:

  • Learn to explain different types of limitations of liability (LOL) and limit of remedies available and justify clauses to clients using negotiation techniques outlined in program;
  • Explain to clients why limitations of liability or remedies are in the best interests of the clients;
  • Demonstrate to clients how well defined risk allocation in construction contracts is best method to provide for public safety and protect against property damage, minimizing importance of duplicative liability provisions between the client and the design professional;
  • Illustrate that various forms of limitations on liability or remedies are common in general business and justify why a client should provide limitation on liability and remedies to the design professional.

Skills and Knowledge:

  • Attendees will develop skills and knowledge include understanding about the different types of limitations of liability and limitations of remedy in conjunction with indemnity and defense clauses in construction contracts to mitigate owner demands for broad clauses from the architect.
  • Use of contract management techniques to minimize consequences of not being able to achieve desired limitation of liability and remedy clauses are covered.
  • Q&A allows attendees to question/share experiences with presenter, expert panel members and participants on negotiation strategies proven successful in improving clauses and learn successful negotiation strategies from presenter and expert panel members.

Materials:

    Program Outline
    Handout- Negotiation Responses to Excessive Liability Allocation
    Attendance and Feedback forms (Continuing Education Credit for A/E's)
    Post-Program Summary
    Certificate of Attendance

 

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