Legal Question in Business Law in California
Liability Survival
If, within a contract, there is a clause that states, ''Contractor's liability shall survive expiration or termination of this Agreement.'', does that mean the liability obligations are ''evergreen'' and survive past the expiration and/or termination of the Agreement?
Asked on 1/07/05, 6:52 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Re: Liability Survival
I'm just guessing, but . . . Some states do not limit contractor liability for latent defects for many years. For instance, if the contractor has completed its work, then the agreement has been fully performed. Nevertheless, a discovery many years later the the contractor's work made the structure defective may still be actionable.
Answered on 1/07/05, 9:52 pm
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