Hello,
First it is clear that people need to get hold of a good contractual draftsman.
The documents on the lists supplied are ok as a generalised idea of what is
going to be a base framework for a contract, but nothing more.
Certain liability can not be excluded and there are requirements on how
exclusion clauses are drafted.
I do not care how good you think that you are, mistakes will occur. This may be
your error or that of the firm you are scanning, but at the end of the day the
prime responsibility in any Tortious action (eg negligence) falls to the Pen
tester.
The fact that the company your are scanning owns 7/8?s of a C Class but not the
last few addresses and does not mention this does not absolve your liability if
you fail to discover this before doing damage. It may help lower the amount ?
or they may be contributory in damage, but you will still be hit with costs.
At the end of the day, no matter how well you have drafted the clauses and the
contract as a whole, good professional liability insurance helps. In fact the
courts expect it to be in place and are more likely to treat you as cowboys
without it.
Regards,
Craig
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