The devil in the detail
Garthwaite, Helen
The devil in the detail - 2007 - Building 272(8491) 3 August 2007, 48(1) .
Discusses limitations on liability as specified in contract clauses, and the problems they can cause. Provides the example of an engineer and client who had agreed to use terms of engagement based on the ACE Agreement B(1) 2002 (revised 2004). The terms of engagement contained clause 8.2 (liability not to exceed amount of insurance) and the client?s claim was foiled by the detail of the engineer?s policy. Suggests that a single financial cap only on liability, maybe set by reference to the level of professional indemnity insurance, would have been a better solution.
ACE AGREEMENT B(1) (2002 EDITION) (REVISED 2004)
United Kingdom--
The devil in the detail - 2007 - Building 272(8491) 3 August 2007, 48(1) .
Discusses limitations on liability as specified in contract clauses, and the problems they can cause. Provides the example of an engineer and client who had agreed to use terms of engagement based on the ACE Agreement B(1) 2002 (revised 2004). The terms of engagement contained clause 8.2 (liability not to exceed amount of insurance) and the client?s claim was foiled by the detail of the engineer?s policy. Suggests that a single financial cap only on liability, maybe set by reference to the level of professional indemnity insurance, would have been a better solution.
ACE AGREEMENT B(1) (2002 EDITION) (REVISED 2004)
United Kingdom--