[consulting] Contract > Developer liable for bugs?

[Michael Prasuhn]

While I understand the potential issues due to the wording here, I  
believe that being "responsible for damage" is just an statement, and  
the you wouldn't have any liability (financial obligation) for the  
damages, or loss, just correcting the code. So while with this  
agreement you may be responsible for the damage or loss, your "legal,  
bound obligation" is limited to fixing the code.

Of course admitting to being responsible for damage or loss, could  
open the door for a civil case pretty easily. Hell it's practically an  
arrow saying, "in case of emergency, sue THIS PERSON."

-Mike

On Aug 6, 2008, at 3:17 PM, Morbus Iff wrote:

>>    "The Consultant will also be responsible for any damage, loss or
>>    liability (whether criminal or civil) of or suffered by  the
>>    Company ... in connection with any act or omission of the
>>    Consultant ... In order to compensate for this, the Consultant
>>    agrees to resolve any issue with his code (and his code only)
>>    as it arises at no additional cost to the Company. Correcting
>>    the problem code is the limit of liability to which the
>>    Consultant will be held."
>>
>> Sounds fine since your limit of liability is to fix the code.
>
> My concern is that "limit" only applies to the "liability" trifecta of
> the first sentence, and not the "damage" or "loss" responsibilities.
>
> And I can't afford a lawyer, much less
> one who knows international software laws ;)
>
> -- 
> Morbus Iff ( a blivet is 11 pounds of manure in a 10 pound sack )
> Technical: http://www.oreillynet.com/pub/au/779
> Enjoy: http://www.disobey.com/ and http://www.videounderbelly.com/
> aim: akaMorbus / skype: morbusiff / icq: 2927491 / jabber.org: morbus
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