Contracts - Managing Risk: Insights on Clauses that Allocate and Limit Liability 2026 (Paper)

Materials comprised of a Paper and PowerPoint Handout. 

Event Date

12 February 2026

Presenters

Aaron Sherriff | Partner, Duncan Cotterill
Christina Bryant | Barrister, Mills Lane Chambers

Synopsis

Limitation of liability clauses are a critical tool for managing contractual risk, yet their interpretation and application often present challenges. This paper examines key issues including the interaction between multiple limitation clauses, their alignment with indemnity and insurance provisions, and the role of time bar clauses across different contractual contexts. 

Readers will gain a structured understanding of how various limitation mechanisms - such as timeframes, monetary caps, and the scope of claims contribute to effective risk allocation. It also offers practical drafting guidance to support clarity and consistency, helping practitioners avoid fragmented or conflicting provisions. 

Recent case law, including Tadd Management Ltd v Weine (in which one of our presenters was involved), Tauranga City Council v Harrison Grierson Holdings Ltd and Constructure Auckland Ltd, will be used to illustrate common pitfalls and successful approaches to limitation clauses in practice.

These Materials will help you:

• Understand the role of limitation of liability clauses in allocating contractual risk.
• Identify and address conflicts between multiple limitation clauses within a single agreement.
• Apply practical drafting techniques to ensure clauses are clear, consistent, and enforceable.
• Analyse the relationship between limitation clauses, indemnity provisions, and insurance requirements.
• Evaluate how time limitations, monetary caps, and the scope of claims operate within broader risk management frameworks.
• Draw insights from recent case law to inform effective drafting and risk allocation strategies.
  
  

Intended Audience

General practitioners, commercial lawyers, and in-house counsel who draft limitation of liability clauses and litigators (in the context of understanding how these clauses are enforced or challenged in court).

On Demand

Contracts - Managing Risk: Insights on Clauses that Allocate and Limit Liability (2026) (On Demand)