Legal arguments that might be available
Limitation of liability clauses
Properly worded and presented, a limitation of liability clause is enforceable in Texas and is effective in preventing nuisance suits from proceeding or even being instigated in the first place.
I have heard every argument there is against the use of these clauses. Joe Ferry, a well know attorney specializing in defending home inspectors, does not like them. He argues that, when you use such a clause, you are giving the impression that your work is substandard. I admit he has a point, but in the end, your clients will judge you and refer you on the basis of your work and your report, not on some clause in a service agreement.
Ferry also argues that this clause cannot protect you from a suit by a seller or anyone else who is not a signatory to the agreement. Again, he has a valid point, but he ignores the fact that the purpose of the clause is to stop nuisance suits brought by buyers. Ferry seems to believe that suits brought by third parties are common. In my experience, that is simply not true.
A powerful argument available to Professional Engineers
In Texas, when a suit is filed against a Texas Professional Engineer,