[consulting] Contract > Developer liable for bugs?
Morbus Iff
morbus at disobey.com
Wed Aug 6 22:06:56 UTC 2008
I've been writing software (for hire or otherwise) for ten years or so.
I've never run into an instance, or heard of a case where, once a piece
of software has been "shipped" or "finished", the developer of that
software is liable for Things That Go Wrong With It. (I'm exempting
trojans and viruses, etc. - assume legitimate software here).
Specifically, I've received a contract for a new job which states that I
(as the Consultant) would be financially liable for any bugs in my
created Drupal code. I balked that I'd never heard of such a thing
before and received a revised version which now reads like this:
"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."
I'm still cautious about this - while the final two lines state that my
only liability is fixing bugs for free (which is perfectly fine with
me), the first line still contains scares like "civil" and "criminal
liability", "damage" and "loss". Being "responsible" for "loss" still
sounds like I'd pay money if "problem code" caused financial damage.
A few questions:
* has anyone else seen something like this?
* has anyone else /agreed/ to something like this?
* are my worries about financial responsibility accurate?
* how should I respond to this?
--
Morbus Iff ( and think about the bad things that I didn't do )
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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