Blaylock Grading Co., LLP v. Smith

MARTIN, Chief Judge.

On 20 September 2004 Blaylock Grading Company, LLP (“plaintiff’) and Neal Smith and Neal Smith Engineering, Inc. (“defendants”) entered into a contract pursuant to which defendants would provide land surveying services for plaintiff. The contract contained a “Risk Allocation” provision which stated:

[Defendants’ liability to plaintiff] for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000, the amount of [defendants’] fee (whichever is greater) or…