Elizabeth Leonard | Cranfill Sumner Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context? Indemnification is a means to shift the risk… Continue reading Different Types of Indemnity and Their Relative Enforceability in Construction Litigation
Tag: Indemnification Provision
Construction Contractors: Beware of Over-Indemnification (a Gentle Reminder)
Potomac Law Group Like an alligator in the swamp, every few years this issue resurfaces ready to take a bite out of unsuspecting contractors; namely the abuse of the indemnification clause to shift inappropriate risk. Indemnification provisions play an important role in managing the risks associated with construction contracting. Indemnity clauses require one party to… Continue reading Construction Contractors: Beware of Over-Indemnification (a Gentle Reminder)
When is an Indemnification Provision Unenforceable?
Christpher G. Hill | Construction Law Musings Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit… Continue reading When is an Indemnification Provision Unenforceable?
Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed
James P. Bobotek | Virginia State Bar When preparing commercial contracts, parties strive for certainty to prevent post-execution risk allocation surprises. This is particularly true when drafting indemnification clauses in construction-related contracts. To prevent downstream parties with little contracting leverage from being asked to indemnify upstream parties for those upstream parties’ own negligence, the vast… Continue reading Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed
More Hensel Phelps Ripples in the Statute of Limitations Pond?
Christopher G. Hill | Construction Law Musings | November 11, 2019 As is always the case when I attend the Virginia State Bar’s annual construction law seminar, I come away from it with a few posts on recent cases and their implications. The first of these is not a construction case, but has implications relating to… Continue reading More Hensel Phelps Ripples in the Statute of Limitations Pond?