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Managing Risk in Contracts Print

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Where liability sits.

WHY IT MATTERS

Contracts determine who bears which risk.

WHAT TO WATCH FOR

Unlimited liability Broad indemnities Obligations you cannot meet Warranties beyond what you can deliver

THE UNLIMITED LIABILITY POINT

An open-ended obligation can exceed the value of the work substantially.

Take advice before agreeing to one.

WHAT TO SEEK

A liability cap, proportionate to the contract value Exclusion of indirect losses Clear scope, so obligations are bounded

WHAT TO CHECK

Whether your insurance would respond to the liability you are accepting.

Ask your broker.

THAT IS FREQUENTLY OVERLOOKED

Agreeing to liability your cover excludes leaves you personally exposed.

WHAT TO ESTABLISH

What the customer requires by way of insurance Whether you have it

WHAT TO PUT IN YOUR OWN TERMS

Reasonable limits on your liability.

Take advice on what is appropriate and enforceable.

WHAT NOT TO DO

Sign terms without reading, because the customer is large.

Our contracts articles cover this.


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