WestCon Tribune

September 2001

SEPTEMBER MEETING

Liability Protection

For The Construction Consultant -

Do Contract Provisions Really Work?

Presented by: Robert E. Aune, Attorney, Aune & Associates

Many if not most construction consultants and design professionals include limitation of liability and/or indemnity provisions in their standard service agreements. These provisions, often contained in the "standard terms and conditions" section of the contract, are intended to protect the consultant from unlimited liability in the event of a lawsuit alleging errors in the consultant’s work. But do these "boiler plate" provisions really provide liability protection? What can be cone to make them as effective as possible? Are there other ways the consultant can protect himself?

At this month’s meeting, Robert Aune of Aune & Associates in San Francisco will address the issue of liability protection for the construction consultant.

As an attorney with more than twenty-five years of experience, Mr. Aune specializes in construction defect litigation and other real estate law, including the representation of owners involved in construction projects. These areas of practice often require Mr. Aune to analyze the potential liability of the construction consultant or design professional. As an attorney, Mr. Aune brings additional expertise as a former engineer with the Chevron Corporation.

Mr. Aune will discuss the effectiveness of contract provisions limiting liability, as well as those providing for indemnity of the consultant. To illustrate these issues, Mr. Aune will discuss a specific case he handled, in which the primary defense was limitation of liability and indemnity provisions in a service agreement. Finally, there will be a discussion of other methods of liability protection that should be kept in mind by the construction consultant as each project is undertaken, and as it proceeds to completion.

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