Stephen Richman and Denise Troy – July 10, 2013 For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34-226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own negligence. This prohibition applied to an owner, design professional,… Continue reading Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts
Tag: construction contracts
A Cautionary Tale For All Subcontractors
Scott Orenstein – July 13, 2013 The Connecticut Appellate Court recently handed down a decision that should have all subcontractors carefully reviewing their subcontracts. In Suntech of Connecticut, Inc. v. Lawrence Brunoli, Inc., 143 Conn. App. 581 (2013), Suntech of Connecticut, Inc. (“Suntech”) agreed to “provide glass doors, glass, glazing, an aluminum framing system, and… Continue reading A Cautionary Tale For All Subcontractors
Colorado’s Anti-Indemnity and Additional Insured Law
Jonathan Allen – June 21, 2013 The Colorado anti-indemnity statute significantly affects the enforceability of indemnification provisions in Colorado construction contracts. With some limited exceptions, construction contracts imposing broad indemnity obligations—i.e., obligations requiring a party to a construction agreements to cover losses associated with another party’s own negligence—are void. Colorado’s anti-indemnity statute does not apply… Continue reading Colorado’s Anti-Indemnity and Additional Insured Law
California’s Anti-Indemnification Statute and Additional Insured Provisions
Stuart J. Einbinder and Jeffrey M. Singletary – June 20, 2013 California law governing indemnification in the construction industry has recently undergone a major overhaul. Previously, a broad indemnity provision that effectively transferred the risk of loss down the chain from the owner or general contractor to the downstream contractor or subcontractor could be enforceable… Continue reading California’s Anti-Indemnification Statute and Additional Insured Provisions
Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals
James J. Sienicki and Eric Spencer – June 20, 2013 Accidents and losses unfortunately happen on construction projects. Thus, it is prudent, on the front end of a project, to prospectively determine which party or parties will ultimately pay in the event accidental damage or loss occurs. This risk is often allocated through an interlocking… Continue reading Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals