Updated! GBA Message to Owners: Environmental Remediation Risks, Limitation of Liability

Legal Affairs Committee

GBA has released an updated document that is designed for distribution  to clients for environmental services. This document explains how risk allocation is an important element of risk management, and that limitation of liability is a highly effective technique for risk allocation.

Some owners treat their project risks too casually from the mistaken belief that consultants’ and constructors’ insurance policies provide all the protection they need. But insurance is seldom the sure-fire safety net some assume it to be. Insurers and insureds seldom admit fault, making damage recovery a long, costly, frustrating, and potentially fruitless process.

Limitation of liability does not limit something that otherwise is unlimited – because no geoprofessional   has unlimited assets.

  Limitation of liability is fair and reasonable, can result in lower project costs, and can encourage design excellence.

This updated document emphasizes that high quality is perhaps the most effective means for managing overall risk – and high quality begins by retaining a qualified geoprofessional.

GBA creates unmatched succinct, targeted resources that meet the unique business needs of geoprofessionals. These exclusive educational resources help GBA members run their businesses better and deal effectively with business and professional-liability risks. Some resources are also available for purchase to non-members.