Limitation of ENGINEER's Liability on Comparative Negligence Basis Clause Samples

This clause limits the liability of the engineer in situations where multiple parties may be at fault, basing the engineer's responsibility only on their proportion of negligence. In practice, if a loss or damage occurs and both the engineer and other parties (such as the client or contractors) contributed to the problem, the engineer is only liable for the share of damages corresponding to their degree of fault. This approach ensures that the engineer is not held responsible for losses caused by others, fairly allocating risk and preventing disproportionate liability.
Limitation of ENGINEER's Liability on Comparative Negligence Basis. To the fullest extent permitted by law, ENGINEER's total liability to CLIENT and anyone claiming by, through or under CLIENT for any claim, cost, loss or damages caused in part by the negligence of ENGINEER and in part by the negligence of CLIENT or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence bears to the total negligence of CLIENT, ENGINEER and all other negligent entities and individuals determined on the basis of comparative negligence principles. CLIENT further agrees to hold harmless ENGINEER against any such claim, cost, loss or damages but only to the extent of the percentage share that CLIENT's negligence bears to the total negligence of CLIENT, ENGINEER and all other negligent entities and individuals determined on the basis of comparative negligence principles.
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