News & Analysis as of

Limitation of Liability Clause Damages

Bradley Arant Boult Cummings LLP

Limitation of Damages Clause in Contract Held Inapplicable to Subcontractor’s Change Order Claim

Construction contracts often include clauses that purport to limit the liability of one or both parties. This includes clauses that completely prohibit any claims for certain types of damages such as lost profits and other...more

Winstead PC

[Webinar] Use of Limitation-of-Liability Clauses in Fiduciary Relationships - March 14th, 10:00 am - 11:00 am CT

Winstead PC on

This webinar will provide guidance regarding the appropriate limitation of liability (LOL) clauses in contracts dealing with fiduciary relationships. The LOL clause can operate to limit a party’s direct, indirect,...more

Willcox & Savage

Limiting Exposure: Limitation of Liability Clauses in Commercial Contracts

Willcox & Savage on

Occasionally considered part of the legal “boilerplate”, the “limitation of liability” clause is an important provision in any commercial contract, and companies should carefully consider several issues when drafting and...more

ArentFox Schiff

Massachusetts Court Holds Limitations of Liability Clauses Will Not Immunize Parties for Willful Violations of Unfair Trade...

ArentFox Schiff on

In a case of first impression, on January 24, 2022, the Supreme Judicial Court of Massachusetts issued an opinion in H1 Lincoln, Inc. v. South Washington Street LLC holding that "enforcement of a limitation of liability...more

Winstead PC

A Limitation-Of-Liability Clause May Or May Not Be Enforceable For Breach Of Fiduciary Duty Claims

Winstead PC on

Parties often add limitation-of-liability clauses to their agreements. These types of clauses can purport to limit a party’s claims or damages or both. ...more

Buchalter

Should You Include a Limitation of Liability Provision in Your Next Contract?

Buchalter on

Having a well-drafted contract is one of the most important acts you can take to minimize your risks. As such, you should consider including in your next contract a limitation of liability for consequential and punitive...more

Hogan Lovells

Hong Kong Law Contract Guide

Hogan Lovells on

Our team in Hong Kong recently developed a Hong Kong Law Contract Guide. The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to...more

Chambliss, Bahner & Stophel, P.C.

A Basic Primer on Damages Terms in Contracts

When entering into arrangements with clients or engaging vendors, startup companies may be faced with a confusing array of contractual terms, including terms that reference various types of damages. Such terms are worthy of...more

Davis Wright Tremaine LLP

Washington Supreme Court Permits $1.5M Damages Claim to Proceed against Engineering Firm under “Independent Duty Doctrine”

In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple’s negligence claims against an engineering firm based on a contractual limitation of liability, permitting the couple...more

Cozen O'Connor

Carrier's Website Does Not Limit Liability Under Carmack Amendment

Cozen O'Connor on

A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers’ arguments about purported limitations of...more

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