Successful enforcement of limitation of liability clause


Another McDowell Rice client succeeded in enforcing a contractual limitation of liability provision against a school district in a construction defect pending in Lake County, Illinois. The court granted partial summary judgment on an unsigned but fully-performed contract, holding that the plaintiff’s claims, which exceeded $3 million, were capped at approximately $79,000 by virtue of the limitation of liability provision. The parties subsequently settled the case for the limitation amount. Tom Buchanan was lead counsel; Jason Buchanan wrote the briefs; and Linda McFee argued the motion before the Illinois state court. The decision was issued on June 25, 2013.

 

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