Let me preface this post by reminding everyone I am not a lawyer. However, my business forces me to deal with legal issues on a regular basis. In order to serve my clients, I must keep abreast of the legal issues involved. My final advice is always “consult an attorney specializing in the field of your question”.
That said, one of the issues we have heard discussed lately is the attempt to limit liability, by contractors specifically. Like so many things in the legal arena, there is a lot of gray area here. What are the limits, and to what do they apply? Are they fractional (a portion or multiple of the amount paid), or are they absolute (at set dollar amount)?
Our experience has been that damages as a direct result of intentional wrong-doing or negligent actions are not limit-able by contract. Damages caused by or in the course of committing an illegal act are also excluded from limitation by contract, and may even be cause for legal action. We also believe that one can not sign away one’s constitutional or legal rights.
To see some specific examples please read the Q&A below by Janet Portman.
Questions about YOUR best action? Contact us today for your free, no obligation consultation. And, as always, consult your legal advisor for legal advise.
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