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...
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...
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...
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where the indemnity clause of a contract expressly exculpated a prime contractor from the consequences of its own negligence that resulted in injury to a subcontractor’s worker, the prime was entitled to be indemnified by the subcontractor because the claim arose out...
Connect