Scott Murphy | Barnes & Thornburg | July 25, 2017 In Provenzino v Macomb County, 2017 WL 104544 (Mich. App. 2017), the Michigan Court of Appeals reversed the trial court’s decision to dismiss a general contractor’s claim for indemnity where the plaintiff’s allegations arose “in any way” from the subcontractor’s work. The appeals court reasoned that the broad… Continue reading Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
Tag: Indemnity Provision
Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds
Garret Murai | California Construction Law Blog | June 5, 2017 Indemnity provisions are one of the most fought over provisions in design and construction contracts. But while parties generally understand the intent behind indemnity provisions — that one party (the “indemnitor”) agrees to indemnify (and often defend as well) another party (the “indemnitee”) from… Continue reading Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds
“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Steven M. Cvitanovic and Omar Parra | Haight Brown & Bonesteel LLP | April 5, 2017 In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is the parties’ intent,… Continue reading “To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Indecent Exposure: New Decision Confirms Subcontractors Liability To CD Damages Is Expansive
Michael Ludwig | Jones, Skelton & Hochuli, PLC | March 24, 2017 How broad is a “broad-form” indemnity provision in a construction contract? A recent decision by the Arizona Court of Appeals has held such a provision allows a developer great latitude in recovering monies paid for settlement and also its attorneys’ fees and costs.… Continue reading Indecent Exposure: New Decision Confirms Subcontractors Liability To CD Damages Is Expansive
Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not
Tred R. Eyerly | Insurance Law Hawaii | December 23, 2015 The court found that the contractor was entitled to relief under the contractual indemnity provision, but not the policy’s additional insured clause. Chatelain v. Fluor Daniel Constr. Co., 2015 La. App. LEXIS 2257 (Ct. App. La. Nov. 10, 2015). Following Hurricanes Katrina and Rita, FEMA… Continue reading Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not