I was reading through the AHPP and was a little confused on the topic of limitation of liability. They define it as “Monetary limit of the legal liability of a person or entity to another based on an agreement or established by statute.”
My understanding is the architect would be held liable to the fee they are paid or the limit per claim their insurance has. They would then be protected for any claim in excess of that limit, and the amount of risk they are taking on is in proportion to how much they are getting paid. However, a limitation of liability clause is not included on standard form AIA documents, such as the B101. It can only be found in B503.
I am wondering if an architect is working under the standard AIA documents, would the limitation of liability clause apply? Would the amount of risk they are taking on be proportional to the fee they are being paid?