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The devil in the detail

By: Language: English Series: Building ; 272(8491) 3 August 2007, 48(1)Publication details: 2007Subject(s): Summary: 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.

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.