As a contractual term, limited recourse refers to an agreement between parties that limits their financial liability in the event of a breach or default. Limited recourse clauses are commonly used in construction, finance, and other industries where the risk of non-performance is high.
In the context of contracts, limited recourse provisions protect parties from losses arising from a breach or default by one of the parties involved. For example, in a construction contract, a limited recourse clause may limit the contractor`s liability for defects or delays, or in a finance agreement, a limited recourse clause may limit the borrower`s liability to the collateral securing the loan.
One of the most common types of limited recourse clauses is the “no recourse” clause. This type of clause states that the lender will have no recourse against the borrower for any losses incurred, except for the specific collateral or assets pledged as security for the loan. This means that if the borrower defaults on the loan, the lender cannot seize any other assets or pursue the borrower for additional damages beyond the collateral available.
Another type of limited recourse clause is the “non-recourse” clause. This clause limits the lender`s recourse to the collateral securing the loan in the event of a default. However, the difference between a non-recourse and no recourse clause is that the non-recourse clause may allow the lender to pursue the borrower for any deficiency amount that remains after the collateral is sold or disposed of.
In a contractual agreement, the inclusion of a limited recourse provision is not only essential for managing risks, but it can also affect the overall structure of the agreement. It can affect the creditworthiness and ability of parties to raise finance, the commercial viability of the deal, and the allocation of risks between the parties.
As such, it is important for parties entering into any contractual agreement to weigh the potential benefits and risks involved in agreeing to a limited recourse provision. In some cases, the inclusion of a limited recourse clause can provide a level of protection that benefits both parties. However, in other cases, it may not be advantageous for one party, particularly if it limits their ability to recover their losses in the event of a default.
Ultimately, it is important for both parties to engage the services of legal experts who are experienced in drafting and interpreting contractual agreements that include limited recourse provisions. This can ensure that the agreement is properly structured to meet the needs of both parties and that all necessary risks are adequately accounted for.