Common use of Limitations on Remedies Clause in Contracts

Limitations on Remedies. 9.1 The Client shall promptly (within 24 hours) report to Engineer any defects or suspected defects in Engineer’s services of which Client becomes aware, so that Engineer may take measures to minimize the consequences of such defect. Client warrants that Client will impose a similar notification requirement on all contractors retained by Client and shall require all subcontracts at any level to contain a like requirement. Engineer shall be liable for correcting defects in its services caused by its negligence. However, the failure by Client, and the Client’s contractors or subcontractors to notify Engineer of such defects in a timely fashion shall relieve Engineer of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given. 9.2 If, due to Engineer’s negligent error, any required item or component of the Project is omitted from the Documents, Engineer shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the Project or otherwise adds value or betterment to the Project. Engineer shall only be liable to the extent such costs would have been avoided had engineer not been negligent. In no event, will Engineer be responsible for any cost or expense that provides betterment, upgrade or enhancement of the Project. Client’s sole and exclusive remedy for such negligent omissions where no otherwise avoidable costs are incurred by Client is for Engineer to perform services necessary to correct omission without charge to Client; provided that where Engineer’s fees or reimbursable expenses would have been higher had the omitted item or component been included prior to construction, Engineer shall be entitled to such increased fees and reimbursable expenses. 9.3 Notwithstanding any other provision of this Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of the fault or whether it was committed by Client or Engineer, their employees, agents, subconsultants or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. 9.4 Engineer’s liability for any damages due to breach of contract, error, omission, professional negligence or any other theory of liability will be limited to an amount not to exceed three times the engineer’s fees under this agreement. Such limitation shall apply to the aggregate of all claims that may be brought against engineer and its subconsultants. If the client prefers not to limit the engineer’s professional liability to this sum, the engineer will waive this limitation upon the client’s request provided that the client agrees to pay an additional consideration for this waiver. 9.5 It is understood that the Engineer shall not be held responsible for any errors or omissions on the part of contractor, including, but not limited to, the contractor’s failure to adhere to the plans and specifications regardless of whether or not the Engineer is performing observational services. This provision shall be included in the contract between the Client and his contractor(s) for this project.

Limitations on Remedies. 9.1 The Client shall promptly (within 24 hours) report to Engineer the Landscape Architect any defects or suspected defects in Engineer’s Landscape Architect's services of which Client becomes aware, so that Engineer Landscape Architect may take measures to minimize the consequences of such defect. Client warrants that Client will impose a similar notification requirement on all contractors retained by Client in Client's General Contract and shall require all subcontracts at any level to contain a like requirement. Engineer shall be liable for correcting defects in its services caused by its negligence. However, the failure Failure by Client, and the Client’s 's contractors or subcontractors to notify Engineer of such defects in a timely fashion Landscape Architect shall relieve Engineer Landscape Architect of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given. 9.2 If, due to Engineer’s negligent Landscape Architect's error, any required item or component of the Project is omitted from the Documents, Engineer Landscape Architect shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the Project or otherwise adds value or betterment to the Project. Engineer shall only be liable to the extent such costs would have been avoided had engineer not been negligent. In no event, will Engineer Landscape Architect be responsible for any cost or expense that provides betterment, upgrade or enhancement of the Project. Client’s 's sole and exclusive remedy for such negligent omissions where no otherwise avoidable costs are incurred omission by Client is Landscape Architect shall be for Engineer Landscape Architect to perform services necessary to correct omission without charge to Client; provided that where Engineer’s Landscape Architect's fees or reimbursable expenses would have been higher had the omitted item or component been included prior to construction, Engineer Landscape Architect shall be entitled to such increased fees and reimbursable expenses. 9.3 Notwithstanding any other provision of this Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of the fault or whether it was committed by Client or EngineerLandscape Architect, their employees, agents, subconsultants or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. 9.4 Engineer’s Landscape Architect's liability for any damages due to breach of contract, error, omission, professional negligence or any other theory of liability will be limited to an amount not to exceed three times the engineer’s Landscape Architect's fees under this agreementAgreement. Such limitation shall apply to the aggregate of all claims that may be brought against engineer and its subconsultantsLandscape Architect. If the client Client prefers not to limit the engineer’s Landscape Architect's professional liability to this sum, the engineer Landscape Architect will waive this limitation upon the client’s Client's request provided that the client Client agrees to pay an additional consideration for this waiverwaiver equal to the cost of insuring against such risk. 9.5 It is understood that the Engineer Landscape Architect shall not be held responsible for any errors or omissions on the part of contractor, including, but not limited to, the contractor’s 's failure to adhere to the plans and specifications regardless of whether or not the Engineer Landscape Architect is performing observational services. This provision shall be included in the contract between the Client and his contractor(s) for this project.