Court Affirms that Indemnification Clauses Traditionally Used and Interpreted as Extending Only to Third-Party Claims – Cannot be Used for First Party Damages from Breach of Contract

by | Jul 26, 2017 | indemnification clause, Newsletter Article

By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...

Contractor Under a GMP Contract Cannot Make Indemnification Claim against Engineer for Inaccurate Design Documents that Caused Extra Costs where there was no Third Party Claim

by | Mar 30, 2017 | Newsletter Article

By Kent Holland Hensel Phelps Construction Co. (“Contractor”) was awarded a Guaranteed Maximum Price (GMP) contract for a Marriott Hotel in Washington, D.C. In preparing its GMP proposal, the contractor relied upon “Preliminary Design Documents” that had been prepared...

When Engineer Refused Obligations under an Indemnification Clause to Defend its Homebuilder Client, Suit Against it for Breach of Contract does not Require Certificate of Merit

by | Oct 27, 2015 | indemnification clause, Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where an engineer entered into a contract with a homebuilder, its contract included a broad form indemnification clause that included a duty to defend and an obligation to indemnify for all claims and damages regardless of...