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
“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
Rahul Gogineni | White and Williams | September 3, 2019 In Rankin v. South Street Downtown Holdings, Inc., 2019 N.H. LEXIS 165, the Supreme Court of New Hampshire considered, pursuant to a question transferred by the trial court, whether RSA 508:4-b, the statute of repose for improvements to real property, applies to indemnity and contribution claims. The… Continue reading “Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
A Milestone Construction-Defect Case at New Hampshire Supreme Court
Boston Real Estate Times | August 16, 2019 Morrison Mahoney LLP, one of the northeast region’s leading litigation firms, announced that William A. Staar, a Partner in the firm’s Construction Litigation Practice, prevailed in a case before the New Hampshire Supreme Court (NHSC) on behalf of landscape architect, Wagner Hodgson, Inc. At issue was whether New Hampshire’s eight-year statute… Continue reading A Milestone Construction-Defect Case at New Hampshire Supreme Court
Developer is not Indemnified for its own Conduct Without an Express Agreement in the Indemnification Clause
Sunu M. Pilai | Construction Industry Counselor | August 22, 2019 In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be indemnified by the Architect. See Grandview at Riverwalk… Continue reading Developer is not Indemnified for its own Conduct Without an Express Agreement in the Indemnification Clause
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