Contracts – Managing Risk: Insights on Clauses that Allocate and Limit Liability (2026) (On Demand)

This On Demand was recorded on 11 February 2026.

Limitation of liability clauses are a critical tool for managing contractual risk, yet their interpretation and application often present challenges. This On Demand examines key issues including the interaction between multiple limitation clauses, their alignment with indemnity and insurance provisions, and the role of time bar clauses across different contractual contexts.

Participants will gain a structured understanding of how various limitation mechanisms – such as timeframes, monetary caps, and the scope of claims contribute to effective risk allocation. The session also offers practical drafting guidance to support clarity and consistency, helping practitioners avoid fragmented or conflicting provisions.

Recent case law, including Tadd Management Ltd v Weine (in which our presenter was involved), Tauranga City Council v Harrison Grierson Holdings Ltd and Constructure Auckland Ltd, will be used to illustrate common pitfalls and successful approaches to limitation clauses in practice.

Learning Outcomes

Understand the role of limitation of liability clauses in allocating contractual risk.
Identify and address conflicts between multiple limitation clauses within a single agreement.
Apply practical drafting techniques to ensure clauses are clear, consistent, and enforceable.
Analyse the relationship between limitation clauses, indemnity provisions, and insurance requirements.
Evaluate how time limitations, monetary caps, and the scope of claims operate within broader risk management frameworks.
Draw insights from recent case law to inform effective drafting and risk allocation strategies.

Who Should Watch?

General practitioners, commercial lawyers, and in-house counsel who draft limitation of liability clauses and litigators (in the context of understanding how these clauses are enforced or challenged in court).

Presenters

Aaron Sherriff | Partner, Duncan Cotterill
Christina Bryant | Barrister, Mills Lane Chambers

Aaron Sherriff

Aaron is a Partner at Duncan Cotterill, specialising in commercial litigation and insurance law, with over 20 years of experience. He is qualified in New Zealand and British Columbia, Canada, and regularly appears in courts and mediations.

Aaron advises liability and general insurers on indemnity issues and defends insured liability claims, including professional negligence, general liability, directors’ and officers’ liability, and course of construction policies. He also handles first and third-party commercial losses from major events like fires, earthquakes, and floods.

Aaron is a recommended lawyer for insurance in the Legal 500 Asia Pacific legal directory. He also represents Duncan Cotterill on the Global Insurance Legal Connect (GILC) Construction Special Interest Group.

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Christina Bryant

Christina is a civil litigator with specialist expertise in construction, property and insurance. With more than 25 years’ experience in complex civil claims, she has appeared at all levels of the New Zealand courts and in numerous arbitrations.

She has represented clients in Royal Commissions and Government Inquiries into building and infrastructure failures as well as regulatory investigations into trade practices. She acts for professional service providers in disciplinary proceedings.

Christina was a litigation partner at Hesketh Henry from 2006 to 2025 and the managing partner from 2020 to 2023. She is a former director of the Lawlink network of independent law firms and a faculty member of the NZLS Litigation Skills programme.

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Details

CPD Hours: 1.50hr

Pricing Details

Ticket Price

Member: $160 plus GST
Non-Member: $230 plus GST

This On Demand includes the video and materials, and will earn CPD.

Click here to access materials only.