Complex Liability Clauses in Outsourcing Contracts

We are excited to announce the release of our latest white paper, “Unpacking Complex Liability Clauses.”

When it comes to drafting liability caps and liability exclusions in technology and outsourcing agreements, recent case law has shown that the consequences of getting the drafting wrong could be significant. This comprehensive paper provides crucial insights into one of the trickiest aspects of all commercial contracts: getting the liability provisions right.

Key Highlights:

• Latest case law: A deep dive into recent cases involving distressed or failed IT projects where the drafting of liability caps and liability exclusions was under the spotlight, looking at how the judges approached the construction and interpretation of these clauses.
• Insights: An examination of the key drafting issues underscored by these cases, highlighting lessons learned and how these can be applied to commercial contracts more generally.
• Broader considerations: A look at how these cases approached other contract provisions dealing with liability and allocation of risk, as a reminder that liability clauses cannot be considered in isolation.
• Drafting tips: Practical guidance on drafting clauses that limit or exclude liability, to avoid the pitfalls highlighted by the recent cases.

This white paper is essential reading for all in-house counsel, contract managers, and procurement professionals involved in drafting and negotiating contracts for outsourcing and other large-scale commercial projects, as well as those who handle related disputes.