Limitation of Liability
The Design Professional, and its consultants, partners, agents and employees, shall not be liable to the Client (Owner), whether jointly, severally or individually, in excess of the compensation paid to the Design Professional under this Agreement, or in excess of the sum of $100.00, whichever is greater, as a result of any act or omission not amounting to a willful or intentional wrong.
If the client (owner) cannot accept this limit of liability then a separate written agreement labeled “Designers liability Contract” between the Designer and client (owner) will be expressly signed by both parties before any work is started. The payment for this contract will be separate from any other payments made. The contract will define the risks and any liabilities on the project relating to its design. This is to show good faith effort in that the limitation of liability was freely negotiated if a dispute later arises.