Section 5.9.2.4.7 Contractual Limitation of Liability

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 5.9.2.4.7 Contractual Limitation of Liability

Until recently, Arizona courts had never addressed whether a provision purporting to limit liability for damages incurred while performing under a contract was viable. However, the Supreme Court of Arizona, in 1800 Ocotillo v. The WLB Group,¹¹¹ held that public policy does not prohibit contractual limitation-of-liability provisions in construction contracts or architect-engineers contracts, but the enforceability of the provision is left to the determination...