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LIABILITY

What a Liability Cap Is Usually Doing

Caps align worst-case exposure with deal value and keep pricing predictable for both sides.

A liability cap is a budgeting tool. Vendors set pricing assuming a ceiling on damages if something goes wrong, and buyers accept that ceiling in exchange for predictable cost and willingness of the vendor to sign. Without a cap, vendors price in catastrophic scenarios or refuse the work entirely.

Caps often tie to fees paid or payable over a period (12–24 months for subscriptions, total project fees for fixed-fee work). This anchors exposure to the economics of the deal. Exceptions exist, but the default cap sets the baseline for most claims.

When you see a cap, ask whether it matches the commercial value at risk: is it too low to be credible, or too high to be insurable? Right-sizing it prevents surprises and eases internal approvals on both sides.

THIS IS NOT LEGAL ADVICE.

THIS IS NOT LEGAL ADVICE.