[consulting] Getting Freelance Work

[Bill Fitzgerald]

On 6/1/10 2:58 PM, Jeff Greenberg wrote:
> On 6/1/2010 1:30 PM, Fred Jones wrote:
>    
>>>> You can probably get a half million dollars in coverage for less than
>>>> a thousand bucks a year. Seems worth it to me. And I have yet to be
>>>> threatened with a lawsuit, or make any mistakes that would lead to
>>>> one, but client's like to know you have these things in place. IMO,
>>>> that's reasonable.
>>>>
>>>>          
>>      
> The contract I use includes "...In no event will PROVIDER , its
> directors, employees, subcontractors or agents be liable to CLIENT or
> any third party for any damages, including any lost profits, lost
> savings, or other incidental, consequential or special damages arising
> out of the operation of, or inability to operate, these web pages or the
> web site, even if PROVIDER has been advised of the possibility of such
> damages."  ... doesn't that cover it?
>    

In the US, anyone can sue anyone else for any reason. A contract is a 
form of protection in case of a lawsuit, but it can't actually stop the 
lawsuit from occurring. So, someone can sue you and lose, but you still 
have to put time/money/resources into winning the case. That's when it's 
good to have insurance.

We have a contract with similar language, and our developers agreement 
includes a provision about recovering reasonable legal expenses in the 
even things go pear-shaped, and we've never had to use any of it (knocks 
on wood) - but we also have insurance, and a lawyer we trust, and both 
of those things bring peace of mind.

Cheers,

Bill