2026 ACECNJ Fall Conference

The program will examine the Appellate Division's recent decision upholding a negotiated limitation of liability provision in an engineering services agreement. The presenters will discuss the court's analysis, the broader implications for design professionals and their insurers, practical contract-drafting considerations, and the role that ACECNJ played by filing an amicus curiae brief in support of the member engineering firm.

Learning Objectives:
1. Understand how New Jersey courts analyze and enforce limitation  of liability provisions in engineering and other professional services agreement.
2. Identify the key contractual provisions and drafting considerations that can significantly affect the enforceability and scope of limitation of liability clauses.
3. Assess the relationship between limitation of liability provisions and professional liability insurance, including engineers' professional liability coverage, project-specific insurance options, Owner's Protective

Audience:
This session is designed for engineering firm principals, owners, executives, in-house counsel, risk managers, project managers, and other professionals responsible for negotiating, reviewing, or approving professional services agreements. The program will be particularly valuable for individuals involved in contract negotiations, professional liability risk management, and insurance procurement.