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When Less Is More: The Pitfalls of Saying Too Much in Professional Contracts

from JDSupra

Certain states frown on attempts by a professional to avoid personal liability. In New York, for example, each shareholder, employee or agent of a professional services corporation is statutorily personally and fully liable and accountable for any negligent or wrongful act or misconduct committed by him/her or by any person under his/her direct supervision and control while rendering professional services on behalf of such corporation (N.Y. BSC. LAW § 1505). Other states, such as Louisiana, however, allow design professionals to avoid individual liability by providing their professional services as a corporation. Nevertheless, language in the drawings and plans may still expose the practitioners to individual liability. more

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