Charles P. Edwards and Lara Langeneckert | Construction Law Blog Parties to a construction contract are frequently surprised to discover that a contractual agreement to procure insurance may limit their liabilities to each other. A recent decision from the Indiana Supreme Court illustrates the effect of this rule. And, in a separate portion of the decision that… Continue reading State Supreme Court Decision Highlights Need to Get Insurance and Indemnity Clauses Right in Construction Contracts
Tag: Indemnity Clause
The American Rule Doesn’t Stand: Contractor Uses Offer of Judgment to Recover Attorneys’ Fees in Retention Dispute
John Mark Goodman | BuildSmart Last week we saw the Menard court reject the use of an indemnity clause to shift fees in a dispute between contracting parties. This week, a very recent decision from Nevada highlights another creative way to shift fees where there is no statute or contract provision on point: offers of judgment (see Helix Electric… Continue reading The American Rule Doesn’t Stand: Contractor Uses Offer of Judgment to Recover Attorneys’ Fees in Retention Dispute
The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause
John Mark Goodman | BuildSmart The “American Rule” on attorneys’ fees is that each party pays its own lawyers, even if you win. As with almost any rule, there are exceptions. Sometimes there is a statute that requires the losing party to pay the prevailing party’s fees. For example, many states have enacted Prompt Pay laws… Continue reading The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause
English v. RKK. . . The Saga Continues
Christopher G. Hill | Construction Law Musings | September 18, 2019 Remember back in 2018 when I thought I’d told you the end of the English Construction story regarding its various consultants, etc.? I was wrong. The matter went up on appeal to the 4th Circuit Court of Appeals where the Appeals Court considered the summary judgment granted to… Continue reading English v. RKK. . . The Saga Continues
Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy
Garry R. Boehlert and Trevor Ashbarry | For The Defense | February 2018 Look within the general conditions of virtually every construction contract and you will find a clause captioned “indemnity” or “indemnity and duty to defend.” Often these clauses have been cut, pasted, and cobbled together so many times that they become a jumble of… Continue reading Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy