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Indemnification Obligation is Premature if Negligence is not Demonstrated

by Kent Holland | Dec 30, 2024 | Newsletter Article

Town was sued by its construction contractor for breach of contract based on failure to pay amounts owed. Town then impleaded its engineering firm, asserting that under the indemnification clause of the engineer’s contract the engineer owed the Town a duty to “assume...

Indemnification: Contractor’s Employee not an “Agent” entitled to Indemnification

by Kent Holland | Sep 19, 2024 | Newsletter Article

In an indemnification clause between a contractor and project owner, the words “agents and representatives” did not require the contractor to indemnify a particular employee of consulting firm as an “agent” of the Owner. The project agreements did not contain any...

Demand for an Indemnitor to Defend and Indemnify is not Premature Where Underlying Dispute Has not been decided

by Kent Holland | Jul 25, 2024 | Newsletter Article

A car driver drove over a downed telecommunications line owned by Cox Company, resulting in claimed damages to the individual and his car. The driver filed suit against Cox and Cable Man, Inc., a company under contract to Cox to provide maintenance and repair of...

Safety Manager Granted Summary Judgment against Personal Injury Claim for Steel Tubing Falling Through Sidewalk Bridge Not Built in Conformance with Plans

by Kent Holland | Feb 12, 2024 | Newsletter Article

An individual walking on a sidewalk next to a building being constructed in New York City suffered injuries when a section of steel tubing that was being hoisted fell onto him from 11 stories up.  It fell through a three-foot gap between the building and a sidewalk...

Equitable Indemnity Denied where Indemnitees could not prove they were not at fault

by Kent Holland | Jun 23, 2022 | Newsletter Article

Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store.  Five years after construction, a shopper fell on a curb in front of the main door to the store. This...
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