John King Successfully Argued for the Enforcement of a Limitation of Liability Clause Before the Appellate Division
John King, with the assistance of Associates Francesca Collins and Christopher Hartt, obtained an order granting their clients, defendants Structural Workshops, LLC and Joseph DiPompeo, partial summary judgment enforcing a limitation of liability clause in their contract with plaintiffs limiting damages from any claim of professional negligence or breach of contract to the defendants’ fee or $50,000 which ever was greater. Defendants’ fee for the services provided was $9,950 making the limitation more than five (5) times the fee. Following an order denying plaintiffs motion for reconsideration, plaintiffs Harvest Restaurant Group, LLC, Chester Grabowski, and Robert filed an appeal to the Appellate Division. The panel of Judges Mawla, Bishop-Thompson and Puglisi affirmed the trial court orders finding that the limitation of liability clause was not against public policy and therefore enforceable. The panel held the motion judge correctly found the limitation of liability provision did not harm the public’s interest or cause the contract to interfere with public welfare or safety.
Thompson Becker, LLC provides a wide range of both transactional and litigation services for the construction related professionals and their businesses. We have successfully prosecuted and defended various types of construction related claims. Contact us at (856) 616-8886 to see how we can help you with your construction law needs.
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