[consulting] Contract > Developer liable for bugs?

[Michael Prasuhn]

One more time, they wouldn't be able to sue you for damages and loss,  
and present as their evidence, "The contract says the developer agreed  
to be held liable for damages and loss," because the contract Morbus  
shared specifically DID NOT SAY THAT.

This is not to say that they couldn't sue anyway, just that the  
contract could not be the sole basis of such a case.

Further to be fully honest with ourselves here, you could have the  
most airtight contract that you think is possible, yet it is always  
possible for someone to bring suit against you, and should they fall  
on the right judge/day/solar cycle, its not inconceivable that you  
could lose, even with an 'airtight' contract. It really comes do to an  
issue of who has bigger pocketbooks and more patience.

-Mike


On Aug 7, 2008, at 8:55 AM, Joshua Brauer wrote:
> On Aug 7, 2008, at 12:20 AM, Michael Prasuhn wrote:
>>
>>> 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."
>>
>>
>> So I don't think they could sue you for damages using *just* the
>> contract as the basis of the suit. They would need to build a civil
>> case on other evidence.
>>
>
> Certainly they can sue using the contract as the basis or even  
> absent a contract of any sort. And the suit can be expensive to deal  
> with even if it is without merit and eventually thrown out. It seems  
> to me, a non-attorney, that having a solid contract that is  
> unambiguous will do the most to persuade attorneys the client  
> approaches from deciding to take the case.
>
> Another thread which hasn't come up here is that of insurance. It  
> seems your business liability insurance should be covering some of  
> this liability. Should a client need a higher level of insurance/ 
> guarantee or want you to warrant community work it seems a  
> discussion with an insurance agent may be in order to determine the  
> cost and educate the client as to the cost of that coverage. It may  
> even be that the insurance company (and their lawyers) would have  
> some standard provisions they would want in the contract.

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Michael Prasuhn
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