MARKBOROUGH CALIFORNIA, INC. v. SUPERIOR COURT

Docket No. E008238.

227 Cal.App.3d 705 (1991)

277 Cal. Rptr. 919

MARKBOROUGH CALIFORNIA, INC., Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; J. HARLAN GLENN & ASSOCIATES, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

February 11, 1991.


Attorney(s) appearing for the Case

COUNSEL

Snell & Wilmer, Steven T. Graham and Richard A. Derevan for Petitioner.

No appearance for Respondent.

Collins, Collins, Muir & Traver, Samuel J. Muir and Brian K. Stewart for Real Party in Interest.

McInnis, Fitzgerald, Rees, Sharkey & McIntyre, James E. Chodzko, Robert J. Gaglione, Bronson, Bronson & McKinnon, Paul J. Sanner, Jose H. Garcia, Anne M. Lawlor, Goyette, Severson & Werson, Jan T. Chilton, John W. Bergholt and Michael B. Murphy as Amici Curiae on behalf on Real Party in Interest.


OPINION

HOLLENHORST, Acting P.J.

In this case we hold that a provision in a construction contract limiting a party's liability to the developer of the property for damages caused by the engineer's professional errors and omissions is valid under Civil Code section 2782.51 if the parties had an opportunity to accept, reject or modify the provision.

Petitioner (hereinafter referred to as Markborough...

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