Frank,

>>"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."

FWIW: 10 years ago I used to limit liability to the 6 months of revenue before the liability arose. Customers signed without comment. But the last two contracts I signed were much more severe with term after term covering liability for losses, costs including legal costs, on and on it went.

You can try to argue, but the way your competitors get around it is by carrying a few million of public and professional liability insurance. This has been the norm in the US for decades, often requiring copy of insurance certification to accompany your bid.

You may be better cheerfully signing and then treating the insurance of a cost of sale if you win. You're extremely unlikely to breach anyway and risk missing out otherwise.