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.

What You Will Learn

This two hour learn live session covers the following topics:

• Financial caps (overall and in respect of specific kinds of loss)
• Positions in standard forms
• Carve-outs
• Net contribution clauses
• Time bars
• Exclusive remedies clauses
• Liability period clauses
• Limitation and exclusion clauses in collateral warranties
• 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.