Check out my 4 minute video showing how our firm redlines changes to an indemnification clause to allocate the risk more reasonably for the Indemintor. This is available on the Kent Holland YouTube Channel.
This video addresses key risk allocation issues in a typical indemnification clause. We show how we would recommend redlining to revise an uninsurable indemnity clause under a professional insurance policy. Our revisions limit indemnity to third party tort claims and the damages from such claim only to the extent caused by the Indemnitor’s willful misconduct or negligence. We also delete from the list of Indemnitees “agents and representatives” as being too broad. And we show other ideas as well.
About the author: Article written by J. Kent Holland, Jr., a construction lawyer located in Tysons Corner, Virginia, with a national practice (formerly with Wickwire Gavin, P.C. and now with ConstructionRisk Counsel, PLLC) representing design professionals, contractors and project owners. He is founder and president of a consulting firm, ConstructionRisk, LLC, providing consulting services to owners, design professionals, contractors and attorneys on construction projects. He is publisher of ConstructionRisk Report and may be reached at Kent@ConstructionRisk.com or by calling 703-623-1932. This article is published in ConstructionRisk Report, Vol. 23, No. 6 (October 2021).
Copyright 2021, ConstructionRisk, LLC