Where the Consultants total liability under the contract is limited to a certain amount, are public liability and employers liability excluded from this cap.
If the cap is expressed as in the aggregate would it be sensible to check that the aggregate relates just to the project in question, rather than other projects
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On the first part of your question, there are no exclusions from the total liability cap under the NEC4 PSSC.
This is different to the NEC4 PSC, where there are exclusions listed under clause 87.1, including losses that would normally be covered by PL and EL insurance. This is also different to the NEC3 PSSC, where there was a separate total liability cap for matters against which insurance was provided.
Naturally, the NEC4 PSSC is much more “Consultant friendly” on this front than the long form. I would often see this clause being amended to introduce a number of the usual exclusions e.g. carving out proceeds of insurance.
On the second part of your question, the wording of the total liability cap is for liability which arises “under or in connection with the contract”. I think this should address your concern.
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