Ryan Michael Leaderman and Paloma Perez-McEvoy | Holland & Knight Highlights Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant to agree to defend, indemnify, protect and hold harmless the local agency in any… Continue reading Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?
Tag: Indemnification
Court “Fl[u]shes Out” Leaking Loo Litigation
Victor Metsch | Smith, Gambrell & Russell A ceiling fixture falls on a tenant in his apartment. Shortly before the incident a toilet leaking from the unit above was replaced. The tenant blames the owner. And the owner blames the plumber. Case closed. Not. Issues of fact as to causation and notice. Claims for contribution… Continue reading Court “Fl[u]shes Out” Leaking Loo Litigation
Trade Contractors, Worker Safety, Indemnity, and COVID-19
Carol A. Sigmond | Porzio Bromberg & Newman Generally, project owners, construction managers and some general contractors have been investigating ways to maintain progress on their project in face of ‘social distancing’ and ‘stay at home’ orders from governmental authorities. Many workers and subcontractors have joined in the clamor to continue working. However, financially… Continue reading Trade Contractors, Worker Safety, Indemnity, and COVID-19
Another Twist on Uniwest and Indemnification
Christopher G. Hill | Construction Law Musings Welcome to 2020! I thought I’d start with a case that adds a twist to the Uniwest case that has been discussed previously here at Construction Law Musings. Uniwest essentially held that indemnification provisions in construction contracts that purport to indemnify an indemnitee for its own negligence violates Virginia Code Sec. 11-4.1. In short, Uniwest and later cases… Continue reading Another Twist on Uniwest and Indemnification
Indemnify is a Funny Word Carrying Historical Baggage—Be Aware and Use with Care
Glenn West | Weil, Gotshal & Manges Despite the proliferation of R&W insurance as the sole recourse for buyers with respect to sellers’ breach of representations and warranties, an indemnification remedy against sellers (subject to a cap) continues to find its way into many private company acquisition agreements. Indemnification, as a concept, originated in the… Continue reading Indemnify is a Funny Word Carrying Historical Baggage—Be Aware and Use with Care