Section 11.26 Limitation of Liability Clauses

• Library: Construction Law 2016 Supp

F. (§11.26) Limitation of Liability Clauses

Limitation of liability clauses may be enforceable. They are not favored by courts and will be strictly construed. W. William Graham, Inc. v. City of Cave City, 709 S.W.2d 94, 96 (Ark. 1986). Moreover, prior authority discussing these clauses may not be of use because the specific language of each contract is determinative. Id. In order to make these clauses more likely to be upheld by a court, counsel should do the following:

Ensure that it has been freely...