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DPLE 101 Professional Liability Risk Management - RLI Design ...

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LIMITATION OF LIABILITY<br />

Civil Code sec. 2782.5<br />

Nothing contained in Section 2782 shall prevent a<br />

party to a construction contract and the owner or<br />

other party for whose account the construction<br />

contract is being performed from negotiating and<br />

expressly agreeing with respect to the allocation,<br />

release, liquidation, exclusion, or limitation as<br />

between the parties of any liability (a) for design<br />

defects, or (b) of the promisee to the promisor<br />

arising out of or relating to the construction<br />

contract.<br />

Markborough California Inc. v. Superior Court (1991)<br />

227 Cal App 3d 705<br />

23

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