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Enforcement of Limitation of Liability Clause

November 9, 2009

Brent Meyer successfully filed a Motion for Partial Summary Judgment seeking the enforcement of the limitation of liability clause within the contract between a professional engineering firm and a real estate developer after the developer filed suit against the engineering firm, alleging breach of contract and professional negligence. The trial court granted the Motion for Partial Summary Judgment, stating that the limitation of liability clause was enforceable under Georgia law. The real estate developer appealed the trial court’s decision and the case was brought in front of the Georgia Court of Appeals. The Georgia Court of Appeals was in agreement with the trial court and held that the limitation of liability provision in the contract did not violate public policy and was enforceable under Georgia law.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.