Image from Google Jackets

Courts take a narrow view of exclusions

By: Series: Construction News ; (6689) 26 October 2000, 14(1)Publication details: 2000Subject(s): Summary: Looks at case law which shows that even the largest and most sophisticated companies can get themselves into difficulties when drafting exclusion clauses. Suggests that having a clause in a contract excluding liability for indirect or consequential loss is a good idea, but great care must be taken in drafting it, as the courts give such clauses a narrow interpretation.

Looks at case law which shows that even the largest and most sophisticated companies can get themselves into difficulties when drafting exclusion clauses. Suggests that having a clause in a contract excluding liability for indirect or consequential loss is a good idea, but great care must be taken in drafting it, as the courts give such clauses a narrow interpretation.