1800 OCOTILLO, LLC v. WLB Group, Inc.

OPINION

BALES, Justice.

¶ 1 This case involves a contract providing that a surveyor’s liability to its client for negligently performing work may not exceed the surveyor’s fees. We hold that the liability-limitation clause is neither contrary to public policy nor subject to Arizona’s constitutional requirement that the defense of assumption of risk always be submitted to a jury.

FACTS AND PROCEDURAL HISTORY

¶ 2 The WLB Group, Inc. (‘WLB”), a surveying and engineering firm, entered a professional services contract with 1800 Oeotillo, LLC (“Oeotillo”), which planned to build townhouses near a…