Indemnity Obligation Not Owed to Client for Claims Partially Caused by Client’s Negligence. Duty to Defend Only Applies to Claims Directly Attributable to Indemnitor’s Actions within Scope of Work
ConstructionRisk.com Report Vol. #14, Issue #5
See article in the following topic indices:
duty to defend,Indemnification
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Where an indemnity clause did not expressly state that the subcontractor was required to indemnify its client, the prime contractor, for all damages including those caused partially by the client’s own negligence, the subcontractor’s indemnification obligations were limited to those damages determined by a jury to have been caused by the subcontractor’s own negligence only. [...]
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Where a general contractor performing a build-out for a store tenant (not the project owner) retained the services of a subcontractor for certain work and an employee of the subcontractor was injured by falling from a ladder, the project owner sued the contractor for common law indemnification and contractual indemnification for damages for which the [...]
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The Expanding Reach of the Crawford Decision and the Impact On Construction Indemnity Agreements
ConstructionRisk.com Report Vol. #14, Issue #4
See article in the following topic indices:
Crawford,duty to defend,Indemnification
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By: Michael D. Wilson, Jr. Gordon Rees, LLP 275 Battery Street Suite 2000 San Francisco, CA 94111 (415) 986-5900 In the period since the California Supreme Court published the seminal decision in Crawford v. Weathershield (“Crawford”) and refused to consider or reverse the California Court of Appeal Decision in UDC-Universal Development, L.P. v. CH2M Hill (“CH2M Hill”) the [...]
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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
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Attorneys Fees,duty to defend,Indemnification
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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 [...]
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Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
Assignment,California Code 2778,Crawford,Design-Build,duty to defend,Indemnification,Wrongful death
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Where a firm (Parsons Infrastructure) entered into a contract to design and construct a soda ash processing plant for Kerr-McGee Chemical Corp (KM) and agreed to provide KM with a defense and indemnity against losses arising out of negligent performance of its work, and KM later assigned its property and contract to a new firm [...]
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Architect Entitled to Insurance Defense for ADA and FHA Claims Arising out of Services Performed for Condominium Developer
ADA,Americans with Disabilities Act (ADA),Condominium litigation,duty to defend,Fair Housing Act,FHA,Insurance - Bad Faith,Insurance Coverage Disputes
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Where a developer of a condominium, and its design architect, were sued by a municipal equal opportunity housing opportunity council as well as by the state attorney general for alleged violations of not meeting federal and state requirements for handicap access, the developer cross-claimed against the architect alleging negligent failure to correctly identify and follow [...]
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Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract
ConstructionRisk.com Report Vol. #13, Issue #5
See article in the following topic indices:
Additional Insured,duty to defend,Flow down,Incorporation by Reference,Indemnification,Insurance - Additional Insured,Insurance Coverage Disputes
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Two employees of a subcontractor sued the prime contractor for their personal injuries resulting from a fall. The prime contractor in turn sued the subcontractor and the subcontractor’s insurance carriers for breach of a duty to defend and indemnify the contractor in the employee’s action. For various reasons, the trial court determined the indemnification provision [...]
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Insurance Company Improperly Refused to Defend Additional Insured Under Contractor’s Policy
Additional Insured,CGL Professional Exclusion,duty to defend,Insurance,Insurance Coverage Disputes
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An additional insured endorsement to an insurance policy entitled the Texas Department of Transportation (TxDOT) to a defense by the Contractor’s insurance company. St. Paul Insurance Company did not deny that it owed some coverage to TxDOT, but it refused to defend the agency, claiming that TxDOT would be adequately protected from vicarious liability by [...]
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Recovery of Attorneys Fees: Indemnity Obligation
Attorneys Fees,Damages,duty to defend,Indemnification
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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 [...]
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Contractor Required to Indemnify Negligent Party
duty to defend,Indemnification,Personal Injury,Site Safety
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Pursuant to the indemnity clause of its lease agreement with a landowner (Washington Street Investments (WSI), the Goettl Air Conditioning Company (Goettl) agreed to indemnify WSI for all damages caused in whole or in part by Goettl’s negligence. When one of Goettl’s employees (Cunningham) fell through a skylight while on the roof of the building, [...]
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