Court Affirms that Indemnification Clauses Traditionally Used and Interpreted as Extending Only to Third-Party Claims – Cannot be Used for First Party Damages from Breach of Contract

by Kent Holland | Jul 26, 2017 | indemnification clause, Newsletter Article

By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...

Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor

by Kent Holland | May 22, 2017 | indemnification clause, Newsletter Article

Where a subcontracted laborer brought personal injury action against a general contractor (GC), the GC filed suit against subcontractor to require it to indemnify it for any damages awarded against it. The laborer alleged he was injured from toxic fumes while...

When Engineer Refused Obligations under an Indemnification Clause to Defend its Homebuilder Client, Suit Against it for Breach of Contract does not Require Certificate of Merit

by Kent Holland | Oct 27, 2015 | indemnification clause, Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where an engineer entered into a contract with a homebuilder, its contract included a broad form indemnification clause that included a duty to defend and an obligation to indemnify for all claims and damages regardless of...

Indemnity Clause Void & Unenforceable Because Sub was not Sole Cause of Damages

by Kent Holland | Sep 1, 2015 | indemnification clause, Newsletter Article

Kent Holland ConstructionRisk, LLC On a condominium project, where an indemnification clause on its face made a subcontractor responsible for indemnifying the prime contractor for damages caused “in whole or in part” by the subcontractor, it was held that the state’s...

What Constitutes a Claim Triggering Indemnification Duty?

by Kent Holland | Nov 18, 2014 | indemnification clause, Newsletter Article

Kent Holland, Esq. ConstructionRisk Counsel, PLLC After a contractor settled a construction defect claim with the project owner, it sought indemnity from its subcontractor for the costs incurred in rectifying the construction.  The subcontractor successfully argued in...

Clarifying the Confusing World of Indemnification, Hold Harmless, and Defense Clauses

by Kent Holland | Aug 11, 2014 | indemnification clause, Newsletter Article

By: Sarah E. Swank O B E R | K A L E R We often get the all too familiar question from our clients, “What is the hold up on that contract?” When the answer is the indemnification, defense, or hold harmless provision, the authors have found a lack of resources for...