Exculpatory and limitation of damages provisions are staples of commercial transactions; especially in the service contract setting. The former shields a contracting party from all liability (“if something goes wrong, I’m not responsible”), while the latter caps a party’s monetary damages (“if something goes wrong, my maximum liability is $100”). For decades, cases across the land have grappled …
Tag Archives: Limitation of Liability
Seventh Circuit Upholds Limitation of Liability Clause in Construction Contract
In Sams Hotel Group, LLC v. Environs, Inc., 2013 WL 2402824, the Seventh Circuit upheld an Indiana district court’s validation of a contractual limitation of liability clause against a hotel developer. In its ruling, the Court examined some recurring commercial litigation issues including the economic loss rule, and the standards that govern contractual indemnification and limitation of liability clauses. …
Continue reading “Seventh Circuit Upholds Limitation of Liability Clause in Construction Contract”