Question
If something goes wrong, how much can we claim from the consultant, and what insurance must they hold?
Normally, claims are capped at Fees paid or payable in the preceding three months. 1 Lost profit, revenue, data, goodwill and indirect losses are excluded. 2 Neither restriction applies to injury or death, fraud, willful misconduct, or confidentiality or data-security breaches. 3 Required insurance: professional liability of $5,000,000 per claim and total, maintained six years after termination; 4 general liability of $2,000,000 per occurrence; cyber liability of $2,000,000 total; and workers’ compensation as required by law. 5
Sources in the contract · choose one to see it on the page
- 1 Page 5 Show on page is limited to the total Fees paid or payable under this agreement in the three months before the event giving rise to the claim.
- 2 Page 5 Show on page “Neither party is liable to the other for any loss of profit, revenue, data or goodwill, or any indirect or consequential loss, however caused, except as provided in clause 14.3.”
- 3 Page 6 Show on page “(a) personal injury or death; (b) fraud or willful misconduct; (c) a breach of clause 9 (confidentiality) or clause 10 (privacy and data security); or (d) the Client’s obligation to pay the Fees.”
- 4 Page 10 Show on page “Professional liability (errors and omissions) $5,000,000 for each claim and in the aggregate, maintained for 6 years after this agreement ends”
- 5 Page 10 Show on page “Commercial general liability $2,000,000 for each occurrence Cyber liability $2,000,000 in the aggregate Workers’ compensation As required by law”
Saved answer, written by AI from the full sample contract. Every quote was checked word for word against its page.