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LANIER AT MCEVER v. PLANNERS & ENGINEERS

No. S07G1424.

663 S.E.2d 240 (2008)

LANIER AT McEVER, L.P. v. PLANNERS AND ENGINEERS COLLABORATIVE, INC.

Supreme Court of Georgia.

Reconsideration Denied July 25, 2008.

Attorney(s) appearing for the Case

James C. Morton, Atlanta, for appellant.

Greenfield, Bost & Kliros, William L. Bost III, Michael W. Lord, Atlanta, for appellees.

Anthony O.L. Powell, Webb, Tanner, Powell, Mertz & Wilson, LLP, Lawrenceville, amicus appellant.

Deborah J. LaFetra, Elizaeth A. Yi, Pacific Legal Foundation, Sacramento, CA, H. Fielder Martin, Stephen Louis Wright, Shapiro Fussell Wedge & Martin, Atlanta, T. Bart Gary, Katie Whitney Barber, Freeman Mathis & Gary, LLP, Atlanta, amicus appellee.

BENHAM, Justice.

In June 2001, Lanier at McEver, L.P. ("Lanier"), a large construction developer, retained Planners and Engineers Collaborative, Inc. ("PEC"), a civil engineering firm, to design a storm-water drainage system for a 220-unit apartment complex Lanier was constructing. In the contract for services, Lanier and PEC agreed to the following clause:

In recognition of the relative risks and benefits of the project both to [Lanier] and [PEC], the risks...

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