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Limitation of Liability Contract Clause Enforced

May 20, 2009

Brent Meyer filed a Motion for Partial Summary Judgment seeking the enforcement of a limitation of liability clause within a contract between a design firm and a developer after the developer brought an action against the design firm, alleging breach of contract and professional negligence. The trial court denied the motion, but allowed the issue to be reviewed by the Georgia Court of Appeals. The Georgia Court of Appeals determined that the limitation of liability language within the contract was enforceable under Georgia law and the design firm was entitled to partial summary judgment, thus limiting the potential liability of the design firm if the developer could prove its claims to the amount specified in the developer-design firm contract.

For counsel on the specific language required to obtain the enforcement of a limitation of liability clause in Georgia, contact Brent Meyer.

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