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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...

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

by Kent Holland | Aug 20, 2021 | 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...
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