Common use of Limited Waiver of Sovereign Immunity Ex Contractu Clause in Contracts

Limited Waiver of Sovereign Immunity Ex Contractu. Design-Builder acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Design-Builder specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Design-Builder specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms).

Limited Waiver of Sovereign Immunity Ex Contractu. Design-Builder Design Professional acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such such, is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Design-Builder Design Professional specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be in writing and specifically executed by the Owner as set forth in the Contract DocumentsOwner. Accordingly, Design-Builder specifically Design Professional expressly acknowledges the constitutional prohibitions against prohibition of claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, unjust enrichment, quantum meruit, or O.C.G.A O.C.G.A. § 13-4-4 (mutual departure from contract terms).