Engineer Required to Indemnify Client for Costs of First Party Claim, Including Attorneys Fees to Extent Attributable to Engineer
ConstructionRisk.com Report Vol. #14, Issue #2
See article in the following topic indices:
Attorneys Fees,duty to defend,Indemnification
Email this page to a friend:
Pursuant to a contractual indemnification clause, a trial court awarded damages of $810,000 in attorneys fees against an engineer in favor of a project owner, Wal-Mart Stores, Inc., on a jury verdict of $48,600 in actual property damages. Wal-Mart’s first party claim against the engineer, a general contractor, and others was for damages arising out [...]
Email this page to a friend:
Recovery of Attorneys Fees: Indemnity Obligation
Attorneys Fees,Damages,duty to defend,Indemnification
Email this page to a friend:
As a general rule, attorneys fees that one party expends in litigation cannot be recovered from another party in the absence of an express contractual provision requiring it. But is there a different result when a defendant in a case is required to pay damages to a plaintiff and that defendant is entitled to recover [...]
Email this page to a friend:
Oral Construction Contract Enforceable
ConstructionRisk.com Report Vol. #13, Issue #2
See article in the following topic indices:
Attorneys Fees,Breach of Contract,contract void,contract voidable,Oral contract,void,voidable
Email this page to a friend:
Although oral contracts for construction or renovation of residential home improvement projects may be voidable pursuant a California statute, they are not automatically void, and in fact a homeowner must demonstrate that the contractor is not entitled to have the contract enforced under one of the exceptions to the draconian impact of the statute. Where [...]
Email this page to a friend:
Agreeing to Pay Reasonable Attorneys Fees as Part of Indemnification May Create Uninsurable Loss
ConstructionRisk.com Report Vol. #12, Issue #11
See article in the following topic indices:
Attorneys Fees,California,Contractual liability policy exclusion,duty to defend,Indemnification,Insurance Coverage Dispute,Negligence
Email this page to a friend:
A question that is asked with increasing frequency is whether attorneys fees incurred pursuant to an indemnity clause are insurable where they are not incurred due to a duty to defend (i.e., paid on behalf of the indemnitee) but are instead paid after the litigation is complete and the indemnitor (e.g., engineer) is found liable [...]
Email this page to a friend:
