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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Indemnification Clause Requires Subcontractor to Indemnify Prime Contractor Regardless of Finding that Sub was not Negligent, and the Additional Insured Endorsement Requires Insurer to Cover the Prime for Damages not Caused by Sub’s Negligence
ConstructionRisk.com Report Vol. #14, Issue #3
See article in the following topic indices:
Additional Insured,Indemnification,Insurance Coverage Disputes
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Where a pipeline was damaged when it was struck by sheeting being installed by a sub-subcontractor while installing lift stations along a pipeline previously installed by the prime contractor, the sub-subcontractor was found to be liable to its client (ECI Corporation) under its indemnification clause for the costs that firm incurred in repairing the damaged [...]
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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
See article in the following topic indices:
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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Design-Builder Entitled to Contractual Indemnity from Subcontractor for Damages to Turbines
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
Contribution Actions,Design-Build,Indemnification,Waiver of Consequential Damages
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Black & Veatch (“B & V”) contracted with Portland General Electric (“PGE”) to engineer, procure and construct a power generating facility called the Port Westward Power Plant, and it subcontracted to a specialty subcontractor to install the combustion turbine and associated air inlet filter house and air inlet filter duct. The combustion turbine was manufactured [...]
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Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
AIA Contract Form,Contract Language,Indemnification,Negligence,Standard of Care,Third Party Beneficiaries
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In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective construction work that the Architect failed [...]
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Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner
ConstructionRisk.com Report Vol. #13, Issue #9
See article in the following topic indices:
Construction Administration,Indemnification,Site Safety,Site Visits
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In a wrongful death action brought by the estate of an electrician against a project owner and its architect, the owner made a cross claim for indemnification and contribution against the Architect. That claim was dismissed pursuant to a motion for summary judgment, with the motion’s judge finding that the terms of the contract between [...]
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Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim against Contractor by a Third Party
ConstructionRisk.com Report Vol. #13, Issue #6
See article in the following topic indices:
Contractual liability policy exclusion,Indemnification,Insurance - Breach of Contract not Covered,Insurance Coverage Disputes
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A general contractor under contract to the Dallas Area Rapid Transit Authority (DART) was sued by the owner of a building adjacent to the construction site, alleging that water damage was caused by the contractor’s negligent construction activities. In addition to suing for negligence, the building owner also sued the contractor for breach of contract, [...]
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