Can a general contractor's contract disclaim direct, incidental, consequential, and punitive damages?

Asked over 1 year ago - Los Angeles, CA

Can a general contractor's contract disclaim direct, incidental, consequential, and punitive damages for tort, breach of warranty, products liability, strict liability, or contract? It seems crazy that if a general contractor screws up a project or hurts someone, wouldn't the law allow for a remedy that cannot be disclaimed by contract?

Attorney answers (2)

  1. Daphne Lori Macklin

    Contributor Level 13

    Answered . This is a business and consumer law question. I suggest you repost this question to one of those categories.

    This is not a substitute for a consultation with a business law or construction law specialist.
  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . Such language can be included in a contract, but just because such provisions are in the contract does not always mean they are enforceable.
    For specific issues, you should probably consult with an attorney who can review the contract.

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