Can a designer limit his liability to his fees for service?


Architects and engineers (and the owners/contractors with whom they contract) often wonder whether limiting liability language is enforceable. The answer, as in much of construction law, is very much dependent on what state’s court will be interpreting the contract. Some states allow such limiting language, and others do not. Josh Glazov’s Construction Law Today blog recently tackled the enforceability of such provisions in the context of a recent Illinois case, in which the Illinois court found such limitations perfectly acceptable, so long as they (1) are not “unconscionable” and (2) do not violate public policy.

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