Common use of Contractor’s Liability for Damages Clause in Contracts

Contractor’s Liability for Damages. The Contractor’s warranties referred to in clause 11.A [Contractor’s Warranty] shall not exclude or limit the Contractor’s liability for damages arising from the Contractor’s non- performance or default performance of the Contract. Regardless and independently to its rights referred to in clause 11.A [Contractor’s Warranty] the Employer shall be entitled to damages on regular basis of the Law of the Country any time the Employer finds its rights referred to in clause 11.A [Contractor’s Warranty] to be not sufficient. The same shall apply to latent defects in the Works, which may appear after the lapse of the respective Warranty Period.