Do Not Agree to Unreasonable Standards of Care

By Kristy Achey, Advanced Certified Paralegal

ATTENTION SERVICE PROVIDERS: It is important to ensure you are reviewing your client contracts for language which attempts to raise the standard of care to potentially unattainable expectations. Accepting such language could significantly increase your risk and/or potentially null your liability insurance coverage in situations where you accept the added risk exposure for which you would not otherwise have been responsible. “Perfection is not attainable, but if we chase perfection we can catch excellence.” – Vince Lombardi. This is just as applicable in contract situations as it is in real life. While clients can expect quality work, perfection is not required.

Be on the lookout for the following “catch phrases” and strike them from your contracts when you see them:

Consider simple language such as:

“In providing services under this Agreement, the Contractor will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Contractor makes no warranties, express or implied, as to the professional services rendered under this Agreement.”

Agile Contract Management provides full-service contract lifecycle management. Our senior team of contract specialists can review your contracts to mitigate risks while improving efficiency and increasing visibility. Contact us to learn more!

Disclaimer: This article provides general information and materials related to contract management. This article does not provide legal advice. Agile Contract Management is not a law firm nor does it provide legal advice. You should contact an attorney to obtain advice with respect to any particular legal issues or questions.

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