ND HB1316

Allows North Dakota state agencies to limit contractor liability if services or products cannot be effectively obtained without such limitation and the limitation poses no significant risk of loss to the state.

Restricts liability limitations to contracts for software, communication, electronic equipment, and economic forecasting services; requires agencies to consult with the office of management and budget and attorney general's office before agreeing to any limitation.

Permits agencies to limit recovery of indirect consequential damages and to cap direct damages at twice the total contract value unless all parties agree to an alternative amount; amounts less than twice the contract value require approval by the director of the office of management and budget.

Prohibits limiting direct loss liability resulting from fraud, intentional or willful misconduct, breach of confidentiality obligations, or losses from tangible property damage or personal injury.

Declares the act to be an emergency measure.