Markborough California, Inc. v. Superior Court

Opinion

HOLLENHORST, Acting P. J.

In this case we hold that a provision in a construction contract limiting a party’s liability to the developer of the property for damages caused by the engineer’s professional errors and omissions is valid under Civil Code section 2782.5 1 if the parties had an opportunity to accept, reject or modify the provision.

Petitioner (hereinafter referred to as Markborough) filed a petition for writ of mandate seeking to vacate respondent court’s order granting summary adjudication of issues in favor of real party in interest (hereinafter referred to as Glenn). We…