George M. Nicholos | Vandeventer Black LLP | June 4, 2019 Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts. Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are made, and contracts incorporating… Continue reading To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review
Tag: Indemnity
Interpreting the Scope of Colorado’s Anti-Indemnity Statute
Rachel Burkhart | Faegre Baker Daniels | April 12, 2019 A common feature of construction contracts is the indemnity or “hold harmless” provision, which transfers the risk of loss due to a third-party claim from one party to another. Several states have enacted laws that limit the enforcement of indemnity provisions in construction contracts. Colorado’s… Continue reading Interpreting the Scope of Colorado’s Anti-Indemnity Statute
Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions
Lawrence T. Bowman, Donald A. Waltz and Ashley Veitenheimer | Kane Russell Coleman Logan | February 19, 2019 I. INTRODUCTION The construction industry is the largest single production sector in the United States economy. Construction encompasses a significant percentage of capital expenditures. It employs approximately five percent of the workforce. This is a significant percentage… Continue reading Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions
California Design Professionals’ Indemnity Obligations Limited Under 2018 Contracts
Ryan W. Young | Lewis Brisbois Bisgaard & Smith LLP | June 22, 2018 The California Legislature has narrowed the scope of enforceable indemnity agreements applicable to licensed architects, engineers, and land surveyors through its amendment of Civil Code § 2782.8. This represents an important development in the allocation of risk in the construction community, since Section… Continue reading California Design Professionals’ Indemnity Obligations Limited Under 2018 Contracts
Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
John Gregory and Michael Ludwig | Jones, Skelton & Hochuli PLC | May 17, 2018 There is an old saying: familiarity breeds contempt. Admittedly, residential construction defect cases can be repetitive. They usually involve the same Plaintiffs’ attorneys, the same alleged defects, and resolve in the same fashion for the same per-home amount. As a… Continue reading Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road