liability/warranty clauses in a contract?

[jayflat]

Hi there,

I was about to sign a contract - to do one day a week for a relatively low amount of pay, when I saw quite a scary liability/warranty clause.

I don't earn enough on the contract to justify forming a ltd company, and umbrella fees are hefty if only a day a week. Alternatively six years of PI insurance after I leave would eat up so much of my earnings. So I mentioned it to the company, and they said OK we'll just remove the warranty/liability clause so we can just get started.

My question is, does simply removing the clause remove my liability? Or is a contract that is silent on liability assume some base-level or implied liability.
I'm not worried about things like, say, a virus, but maybe a patent troll claiming in 5 years time - I guess I could be brought in with the company?

The old clause (which is removed) is here:
6.1 The Consultant shall be liable for any loss damage or injury to any party resulting from the default, wilful misconduct or negligent act or omission of the Consultant during the Assignment and the Consultant hereby agreed to indemnify **** and keep **** indemnified against all costs claims and expenses however they arise as a result of the negligence, wilful misconduct or default of the Consultant.

Any advice most appreciated!

Thanks

[Gonzo]

If you want to remain anonymous I would suggest you remove the client's name from your post.

I can't help with your question, sorry.

[jayflat]

thanks

[northernladuk]

Seems it is quiet here I will add a guess that you are responsible for your work and your negligence regardless. I would assume if I was working for a client and seriously screw his work up he would come after me for compensation whatever it says in the contract hence me keeping my insurance upto date and ongoing regardless....

If I assume this as worst case then I can't be dissapointed or caught it out is my take on it.

[jayflat]

Yep, I agree with you NorthernLad - prep for the worst case...

Though I'm not so worried about them coming after me for bad work, but maybe if the (client) company gets sued which somehow ropes in everyone which helped develop their system.