Failure to negotiate dooms damage limitation clause

Description

Abstract: In boilerplate professional service contracts, architects and engineers insert clauses limiting their liability for professional errors and omissions to the amount of their fees under the contract. But the ability to enforce these provisions when a professional error or omission causes losses substantially exceeding that professional fee varies from state to state. A recent California case, Greenwood v. Murphy, illustrates one sticking point regarding this matter — a failure to negotiate.