Common use of Betterment Clause in Contracts

Betterment. If, due to MSA’s error, any required or necessary item or component of the project is omitted from the construction documents, MSA’s liability shall be limited to the reasonable costs of correction of the construction, less what OWNER’S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project.

Betterment. If, due to MSA’s error, any required or necessary item or component of the project Project is omitted from the construction documents, MSA’s liability shall be limited to the reasonable costs of correction of the construction, less what OWNER’S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the projectProject.