Contract law seminar series 2021 for the Energy & Utilities sector: Limitation of liability (part 1)

It's very important for businesses in the Energy & Utilities sector to understand what liabilities can and cannot be limited in different types of contract, and to recognise drafting challenges in contracts. This has become particularly relevant in a post subsidy world where increased levels of risk are often being passed down through the supply chain.

Our next two sessions on English contract law concepts will therefore focus on limitation of liability. On this session we'll address:

-sector insights, particularly looking at trends for capping liability in key contracts such as PPAs, EPCs and O&M Agreements
-limiting liability and reducing risk: how far can you go?
-issues of 'fairness' and 'good faith' in relation to liability
-how UK legislation applies a 'reasonableness test' to exclusion clauses

We'll concisely recap the essentials, provide illustrations on caps and exclusions of liability from decided cases, and suggest some practical takeaways. As with our previous sessions (on force majeure, good faith and liquidated damages), this session will be led by Bird & Bird partners Andrew White and Elizabeth Reid.

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