Design-Builder Entitled to Contractual Indemnity from Subcontractor for Damages to Turbines

by Kent Holland | Jan 3, 2012 | indemnification clause, Newsletter Article

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...

Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner

by Kent Holland | Dec 15, 2011 | indemnification clause, Newsletter Article

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,...

Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim against Contractor by a Third Party

by Kent Holland | Jun 7, 2011 | indemnification clause, Newsletter Article

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...

Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract

by Kent Holland | May 23, 2011 | indemnification clause, Newsletter Article

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...

Statute of Repose Bars Indemnification Claim against Engineer that Designed Bridge that Collapsed

by Kent Holland | Mar 28, 2011 | indemnification clause, Newsletter Article

Because the 10 year state statute of repose made Jacobs Engineers immune from liability for the collapse of the I-35W bridge across the Mississippi River, it was not subject to suit by URS (the subsequent bridge inspection engineer) since there was no common liability...

New California Law Prohibits Type I Subcontractor Indemnity in Favor of Residential Builders

by Kent Holland | Feb 9, 2011 | indemnification clause, Newsletter Article

By: Dion N. Cominos, Esq. Under an Assembly Bill recently signed into law by California Governor Arnold Schwarzenegger, “Type I” subcontractor indemnity agreements in favor of builders entered into after January 1, 2006 will no longer be enforceable in the context of...