>>>>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?
>>>
>>>You do realize that this means that the consultant can be liable for much more than the fees paid to the consultant? The limitation to the amount of fees paid is only if the consultant's liability is NOT due to negligence or misconduct. If there is negligence or misconduct the consultant's liability can be much more - not specified or limited by this clause.
>>
>>Yup, that's why I'm asking if anyone would agree to this.
>
>I would never sign such a clause. There is no business case here; there is unimited downside vs. fixed upside (the fees you quoted for and hope to earn). Plus to get into a legal argument trying to prove you were not negligent or misconducted would be an expensive nightmare. Don't get into business with people who insist on this sort of nonsense.

Thanks Jos.