AN ACT SETTING THE LIMITS OF CONTRACTOR LIABILITY UNDER STATE INFORMATION TECHNOLOGY PROCUREMENT CONTRACTS.
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.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.