STATE IT CONTRACTS/CONTRACTOR LIABILITY.

View NCGA Bill Details2015-2016 Session
House Bill 1036 (Public) Filed Tuesday, May 3, 2016
AN ACT SETTING THE LIMITS OF CONTRACTOR LIABILITY UNDER STATE INFORMATION TECHNOLOGY PROCUREMENT CONTRACTS.
Intro. by Saine.

Status: Ref To Com On Judiciary I (House Action) (May 5 2016)

Bill History:

H 1036

Bill Summaries:

  • Summary date: May 3 2016 - More information

    Identical to S 792, filed 4/28/16.

    Enacts a new subsection (h1) under GS 143B-1350 (Procurement of information technology) that establishes that all contracts subject to Part 4 (Information Technology Procurement) must include a limitation on the contractor’s liability for damages arising from any cause, regardless of the form or action, of no more than two times the value of the contract.  Requires that the limitation must specifically include, at the least, the contractor’s liability for damages and any other losses relating to the loss of, unauthorized access to, or unauthorized disclosure of data.  Provides that the limitation of liability required is not required to apply to liability of the contractor for intentional or willful misconduct, damage to tangible personal property, or physical injuries to persons.  Applies to contracts entered into on or after the date the act becomes law.


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