Limitation & Exclusion Clauses in Construction Contracts

Introduction

Limitation and exclusion clauses are key provisions in construction contracts. They commonly serve a key function of seeking to protect the supplier’s business from financial ruin but also have the potential to leave the client out of pocket. They are often a key source of contention in contract negotiations. For construction lawyers, it is important to understand the different types of such provisions and their effect, normal commercial positions in negotiating them, and the impact of legislation on their effectiveness.

This interactive session will guide you through the different types of limitation and exclusion clauses, their commercial implications, and the legal frameworks that govern their enforceability.

What You Will Learn

This live and interactive course will cover the following:

• Identify and explain financial caps (overall and in respect of specific kinds of loss)
• Analyse positions in standard forms, carve outs, net contribution clauses, and time bars
• Evaluate exclusive remedies clauses
• Assess liability period clauses
• Limitation and exclusion clauses in collateral warranties
• Understand the impact of UCTA 1977, CRA 2015, and other legislation
• A practical exercise

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.