Limitation of liability provision did not violate public policy.

- Limitation of liability provision contained in a contract between a real estate developer and an engineering firm was enforceable because the provision represented a reasonable allocation of risks in an arms-length business transaction and did not violate the public policy underlying O.C.G.A. § 13-8-2(a) or the public policy for professional engineering practice set forth in O.C.G.A. § 43-15-1 et seq.; the limitation of liability provision did not release the firm from liability for the firm's engineering errors because the firm remained liable to the developer for the firm's errors up to $50,000, and although the provision capped the firm's liability, the firm remained substantially responsible for the firm's professional errors and retained the incentive to perform engineering services with due regard for the safety, health, and welfare of the public. RSN Props. v. Eng'g Consulting Servs., 301 Ga. App. 52, 686 S.E.2d 853 (2009), cert. denied, No. S10C0519, 2010 Ga. LEXIS 249 (Ga. 2010).

Cited in Lanier at McEver, L.P. v. Planners & Eng'rs Collaborative, Inc., 284 Ga. 204, 663 S.E.2d 240 (2008).

ALR.

- Constitutionality of statute regulating land surveyors or civil engineers, 55 A.L.R. 307.