Marcus R. Tucker | Phelps Dunbar Design contracts, including contracts between the project owner and the design professional, often contain risk transfer provisions such as contractual indemnity and insurance provisions. The parties to the contracts must be aware of the state law anti-indemnity statutes that can void or impact the risk transfer scheme. In Texas,… Continue reading Consider Anti-Indemnity Statutes When Transferring Risks for Design Contracts
Tag: Anti-Indemnity
Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed
James P. Bobotek | Virginia State Bar When preparing commercial contracts, parties strive for certainty to prevent post-execution risk allocation surprises. This is particularly true when drafting indemnification clauses in construction-related contracts. To prevent downstream parties with little contracting leverage from being asked to indemnify upstream parties for those upstream parties’ own negligence, the vast… Continue reading Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed
Georgia Supreme Court Addresses Anti-Indemnity Statute
David R. Cook, Jr. | Autry, Hall & Cook | September 14, 2019 In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some additional clarity… Continue reading Georgia Supreme Court Addresses Anti-Indemnity Statute
Oregon Anti-Indemnity Statute Voids Sub-sub’s Duty to Indemnify Sub for the Sub’s Own Negligence
Amandeep S. Kahlon | Buildsmart | August 7, 2018 The Ninth Circuit Court of Appeals recently upheld the application of Oregon’s anti-indemnity statute to a contractual indemnity provision requiring a sub-subcontractor’s insurer to indemnify the subcontractor for the subcontractor’s own negligence. In First Mercury Insurance Company v. Westchester Surplus Lines Insurance Company, Multnomah County contracted with… Continue reading Oregon Anti-Indemnity Statute Voids Sub-sub’s Duty to Indemnify Sub for the Sub’s Own Negligence
Anti-Indemnity Legislation Is A Growing Trend in Western States
Andrew G. Witik | Litchfield Cavo LLP | March 22, 2018 The growing trend in the Western states of anti-indemnity legislation vis-à-vis construction activities has produced its most recent published and precedential decision in Oklahoma, JP Energy Marketing v. Commerce And Industry Insurance Co., 2018 OK CIV APP 14, 412 P.3d 121 (03/01/2018). This coverage… Continue reading Anti-Indemnity Legislation Is A Growing Trend in Western States