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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Battle of the Contract Forms: Subcontractor Bound to General Contract Terms
ConstructionRisk.com Report Vol. #13, Issue #4
See article in the following topic indices:
Battle of forms,Brand name or equal,Flow down,Incorporation by Reference,Specifications,Subcontract Dispute
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It is not uncommon to see disputes between prime contractors and their subcontractors concerning whether terms submitted with the subcontractor proposal or subcontract form will take precedence over the broader terms of the prime contract that are incorporated by reference into the subcontract. Where a wastewater treatment district specified certain holding tank liners by brand [...]
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