Re: A Math Question (really!)

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Tim,
Just how much are you getting quoted for E&O insurance?  I have a
similar dilemma when people want assurance.

I normally just use a limited liability statement as follows.  An
additional embellishment might be that any disputes are resolved by
binding arbitration in the defendant's state.  Only real butthead
companies would balk at those ideas... but in this economy, you may
not be able to choose customers as well.  It may be cheaper to spend a
few hundred $ on a lawyer that is competent at drafting good
consulting agreements.

Limitations of Liability

The Consultant and Client agree that the Consultant functions as a
limited liability consultant: the Consultant's legal liability is
limited to the amount of money already paid to the consultant for that
task.   There are no additional warranties expressed or implied.   Any
problems relating to a task should be reported to the Consultant
promptly and Consultant and Client agree to make reasonable efforts to
resolve these problems.  Any disputes will be resolved through binding
arbitration in the State of Colorado.

------------------------

The preceeding statement is for informational purposes only.  If you
want one that really works with the law, get a lawyer.

Peter W

Re: A Math Question (really!)





I would worry the language above creates a perpetual obligation
to resolve problems.  More reasonable (and extremely common)
might be to define a post-delivery acceptance interval, and the
contractor is obligated to resolve problems only during that interval.

Steve

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