Christopher G. Hill | Construction Law Musings I’m back after a welcome change of offices from a Regus location to a separate and more customer-friendly local shared office space location. I thought I’d jump back into posting with a series of construction contract-related posts, the first of which relates to indemnification clauses. An indemnification clause in a contract… Continue reading Construction Contract Basics: Indemnity
Tag: Indemnification Clause
How To Draft Fee-Shifting Provisions in Indemnification Clauses
Heather Benzmiller Sultanian and Jarrett H. Gross | Sidley Austin Delaware courts have determined that even quite broad language referencing attorneys’ fees may not be explicit enough to shift fees in first-party litigation. Deal lawyers will be very familiar with indemnification clauses, which are a standard term in most M&A contracts. Although the precise language… Continue reading How To Draft Fee-Shifting Provisions in Indemnification Clauses
Understanding Indemnification Clauses
Eric Biesecker | Nexsen Pruet Introduction Construction projects are risky. Contracts allocate risks between the parties. Indemnification clauses shift risk from one party to another. Many parties pay little attention to their contracts’ indemnification clauses because the language seems obscure. This article is intended to help participants understand the key issues. Indemnification Let’s begin by… Continue reading Understanding Indemnification Clauses
Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
Aimee Cook Oleson | Construction & Infrastructure Law Blog Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to simply re-use the indemnity language from a prior agreement without considering whether… Continue reading Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause