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
Tag: Indemnity Provision
A Second Level of Protection to Indemnitees
Thomas L. Oliver III | Bradley Arant Boulg Cummings | July 31, 2019 Construction and Procurement Law News, Q2 2019 It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity agreements that create obligations… Continue reading A Second Level of Protection to Indemnitees
California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
Garret Murai | California Construction Law Blog | June 5, 2019 It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically, the higher-tiered party) from third-party claims. But when an indemnitor refuses to defend an indemnitee, who gets decide… Continue reading California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
Construction Law Practice Tip: Indemnity Provision Details Matter
Pierre Grosdidier | Haynes and Boone LLP | February 5, 2019 In the usual construction contractual chain, the owner has a contract with a general contractor (“GC”), and likewise the GC with a subcontractor. Indemnity provisions typically ensure that the GC indemnifies the owner, and the subcontractor indemnifies the GC if, for example, an injured… Continue reading Construction Law Practice Tip: Indemnity Provision Details Matter
New Indemnity Law for Design Professionals
William Coggshall | Archer Norris | August 10, 2017 On April 28, 2017, Governor Brown signed into law Senate Bill 496 (Cannella). The Bill, which is now codified in California Civil Code §2782.8, amended the statute to provide greater protection for design professionals. Under the prior law, design professionals1 that entered into contracts with public agencies where there was… Continue reading New Indemnity Law for Design Professionals