Indemnification Clause Required Engineer to Indemnify Owner for Losses it Incurred

by Kent Holland | Jun 27, 2013 | indemnification clause, Newsletter Article

Does a typical indemnification clause that requires a party such as a contractor or design professional to indemnify its client for damages the client sustains due to the actions of Indemnitor apply only to damages resulting from third party claims against the client,...

Subcontractor Owed Prime No Indemnity Obligation and Additional Insured Status Availed Nothing

by Kent Holland | May 16, 2013 | indemnification clause, Newsletter Article

Although a subcontractor damaged a sewer pipeline during the course of construction, it owed no indemnification duty to the prime contractor for expenses the prime incurred in repairing the pipe. The key reason given by the court was that a jury found that the sub was...

Indemnification Clause in Prime Contract is not Incorporated by Reference into Subcontract Under New York Law in Absence of Express Agreement to Do So

by Kent Holland | Mar 5, 2013 | indemnification clause, Newsletter Article

Where an employee of an electrical sub-subcontractor was injured on the jobsite, he sued the project developer, the prime contractor, and others.  Those firms in turn filed a third-party claim against the sub-sub claiming the right to common law indemnity as well as...

Attorneys Fees Recovered to Enforce Indemnity Agreement

by Kent Holland | Dec 28, 2012 | indemnification clause, Newsletter Article

A “choice of law” provision in a contract provides for the law of a specified state to govern the contract and disputes between the parties that arise out of the contract.  Often the law of the state where the project is performed is selected as the governing law.  It...

Agreement to Indemnify Project Owner for Penalties due to Violations of Americans with Disabilities Act Is Void and Unenforceable

by Kent Holland | Nov 27, 2012 | indemnification clause, Newsletter Article

Where design professionals agree by contract to indemnify a project owner for “any damages arising from any act, omission, or willful misconduct”, that provision cannot be enforced when the damages at issue arise out of violations of the Americans with Disabilities...

Indemnification Clauses: Uninsurable Contractual Liability

by Kent Holland | Jul 19, 2012 | indemnification clause, Newsletter Article

Professional consultants are judged by whether or not they satisfied the professional standard of care (i.e., were not negligent in the performance of their services). That is what is covered under a professional liability policy; therefore, it is critical that the...