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Consultant's Liability
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De
30/09/2020 14:15:09
 
 
À
30/09/2020 13:46:18
Information générale
Forum:
Business
Catégorie:
Contrats & ententes
Divers
Thread ID:
01676331
Message ID:
01676344
Vues:
48
>>>>>Hi,
>>>>>do you think that this is a reasonable clause in a contract?
>>>>>
>>>>>"Consultant's total liability under this Agreement for damages, costs and expenses shall not exceed the total amount of fees paid to Consultant by Client under this Agreement, save where such damages, costs and expenses arises out of the negligence or misconduct of Consultant."
>>>>>
>>>>>If you were the consultant, would you sign this?
>>>>
>>>>Hi Frank
>>>>
>>>>I work through contract agencies in the UK and they all need you to have your own liability indemnity insurance these days. So yes I would sign it but I would have insurance.
>>>
>>
>>Are you incorporated or an LLC?
>
>yes, I work through my limited liability company.

Then your exposure is limited to the assets held by the LLC.
That said, I would not agree to anything that allowed the client to recover more than the fees paid, for whatever reason.


>
>>If not, you're personally exposed every time you write a line of code, regardless of what the contract says.
>>Insurance is one answer, but even that will have limits that will you expose you personally..
>>
>>
>>
>>>Thanks, I used to have it when I did the same back in the UK in the mid 90s. But I haven't had insurance like that ever since I moved back to Trinidad. Maybe I need to consider that. (I hate insurance.)
Anyone who does not go overboard- deserves to.
Malcolm Forbes, Sr.
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