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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...

Where Prime Failed to Require Indemnity from Its Sub and Failed to be Named as Additional Insured – its CGL Carrier Had No Coverage Responsibility

by Kent Holland | May 31, 2022 | Newsletter Article

General contractor and its CGL carrier were sued by a subcontractor’s  employee for injuries sustained when hit by truck driven by another subcontractor while working on site.  The CGL moved for summary judgment on the basis that an exclusion in the policy barred...

Oral Contract did not Include Indemnification and Additional Insured Obligations

by Kent Holland | Feb 7, 2022 | Newsletter Article

Where a general contractor hired a scaffolding subcontractor for a hotel renovation project, an employee of that subcontractor suffered injury during his work, and he filed a petition against the hotel. The hotel filed a third party claim against the GC who then filed...

Contract Drafting Tip: The Flow–Down Incorporation by Reference Clause

by Kent Holland | Dec 21, 2021 | Newsletter Article

This article is written from the subcontractor’s perspective.  When negotiating its subcontract, the subcontractor may be successful in obtaining reasonable clauses concerning standard of care, time for performance, indemnification, limited warranties and other...

Indemnification – Negotiating a Reasonable Clause

by Kent Holland | Nov 8, 2021 | Newsletter Article

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...
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