McEver v. Planners & Engineers Collaborative, Inc.

The majority opinion correctly states that, as a matter of law, “[the] complete avoidance of liability to third parties for sole negligence in a building contract is exactly what OCGA § 13-8-2 (b) prohibits.” The majority also concludes that, as a matter of fact, “the clause at issue in this case does not exculpate PEC from all monetary liability.” This finding of law and finding of fact should compel the conclusion that the clause in issue, which does not allow the complete avoidance of liability, is not a clause prohibited by OCGA § 13-8-2 (b). The majority, however, by relying on…