Christpher G. Hill | Construction Law Musings Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit… Continue reading When is an Indemnification Provision Unenforceable?
Month: August 2021
An Introduction To Indemnity Law
Matthew S. LaBeau | Collins Einhorn Farrell When a complaint comes in, it’s natural for attorneys to read it and immediately start addressing the elements and defense to the plaintiff’s claim. In a legal-malpractice claim, for example, the first direction you may turn is to the case-within-a-case requirement. Or maybe you’ll skim through a couple… Continue reading An Introduction To Indemnity Law
To Estimate or Not to Estimate, that is the Question
Kyle F. Arendsen and Christopher J. Giaimo | Squire Patton Boggs Is there any downside to a debtor filing a motion to estimate a claim? Or, is an estimation motion simply procedural in nature? As the debtors recently discovered in In re SC SJ Holdings LLC, a motion to estimate a claim before a bankruptcy court… Continue reading To Estimate or Not to Estimate, that is the Question
10 Key Takeaways – Considerations for Construction and Design Contracts
Brian Gaudet | Kilpatrick Townsend & Stockton Whether your company is about to upsize, downsize, relocate, or reconfigure its space, there is a good chance there is a construction project in your company’s future. During the Association of Corporate Counsel Houston Chapter August Meeting, Kilpatrick Townsend Partner Brian Gaudet and Kimco Realty’s Jenny Hyun discussed… Continue reading 10 Key Takeaways – Considerations for Construction and Design Contracts
Suing a Payment Bond Surety in Different Venue than Set Forth in the Subcontract
David Adelstein | Florida Constrution Legal Updates The venue to file a lawsuit can be an important issue for a variety of reasons, whether for convenience or the prospect of a more favorable outcome. Oftentimes, there is a venue provision in a contract that provides where the exclusive venue for any dispute arising out of the contract must be… Continue reading Suing a Payment Bond Surety in Different Venue than Set Forth in the Subcontract