Stress-test your liability wording against the way design projects actually run

Because the real issue is often how that clause works with the rest of the contract and the project setup. A liability cap may appear acceptable, but broad indemnities, fitness-for-purpose wording, uncapped confidentiality obligations, or promises tied to third-party information can undermine it. In design work, responsibility is often shared across consultants, contractors and client teams, so the legal position can turn on how information and deliverables move in practice. A review helps identify whether the contract limits exposure in the scenarios your firm is actually likely to face.

We look at the liability wording in context rather than reading one clause in isolation. That usually includes caps on liability, exclusions of loss, indemnities, carve-outs, standard of care wording, reliance provisions, confidentiality terms, data-related clauses and any wording that may create uncapped exposure elsewhere. We also consider whether the contract deals sensibly with client-supplied information, subconsultant involvement, staged deliverables and technical assumptions. You receive written advice highlighting the main exposure points and where the wording may need amendment or stronger negotiation.

Design and engineering contracts often sit inside layered project structures where several parties rely on drawings, specifications, models, reports or coordinated outputs. That creates risk patterns that do not always show up in a standard services agreement. A general review may spot obvious drafting issues, but a sector-specific review tests whether the liability wording makes sense for design coordination, technical deliverables, approval stages and shared responsibility lines. That is particularly important where the business collects, uses and shares information across project teams, because the practical workflow can affect the legal position.

You can use older wording as a reference point, but copied clauses often create false comfort. A liability cap that worked on one project may be too easy to bypass on another, especially if the surrounding terms are different. For example, a borrowed clause may not sit properly with the current agreement's indemnities, reliance wording, confidentiality obligations or consultant chain. We can review whether your existing wording still fits the services, project value and risk profile involved, and suggest changes where the clause no longer matches the engagement.

No. This service covers review of limitation of liability wording in up to two contracts, together with written advice and recommendations for improvement. It is not a full contract rewrite, and it does not cover acting for you in court proceedings, adjudication, mediation or other dispute processes. It also does not include If the work needs to go beyond the agreed scope, we will flag it early and give you a separate quote. If the contract needs broader restructuring after the review, or if a dispute is already underway, we can scope that separately.

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