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McEver v. Planners & Engineers Collaborative, Inc.

Ga.June 30, 2008No. S07G1424Cited 35 times
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Case Details

Judge(s)
Benham, Hines, Melton
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The Georgia Supreme Court reversed the lower court's grant of summary judgment and held that PEC's limitation of liability clause violates Georgia public policy under OCGA § 13-8-2(b) because it impermissibly shifts PEC's third-party liability for sole negligence to Lanier.

What This Ruling Means

**McEver v. Planners & Engineers Collaborative: Court Strikes Down Unfair Contract Terms** This case involved a dispute over a contract clause that tried to shift blame and financial responsibility away from Planners & Engineers Collaborative (PEC), an engineering firm. The contract contained language that would have made another party (Lanier) responsible for covering PEC's costs if PEC was sued by third parties, even when PEC was completely at fault for poor design work. The Georgia Supreme Court ruled in favor of the plaintiff, finding that this contract clause violated state law. The court determined that companies cannot use contract language to force others to pay for their own negligence. Specifically, the court said the clause violated Georgia public policy because it improperly shifted responsibility for PEC's sole negligence to another party. This ruling matters for workers because it reinforces that employers and companies cannot use unfair contract terms to escape responsibility for their own mistakes or negligent actions. Workers should know that certain contract provisions that seem to protect companies at others' expense may not be legally enforceable. If you encounter contract language that seems to unfairly shift blame or costs away from your employer, it may violate public policy and be invalid.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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