Another Twist on Uniwest and Indemnification

Christopher G. Hill | Construction Law Musings Welcome to 2020!  I thought I’d start with a case that adds a twist to the Uniwest case that has been discussed previously here at Construction Law Musings.  Uniwest essentially held that indemnification provisions in construction contracts that purport to indemnify an indemnitee for its own negligence violates Virginia Code Sec. 11-4.1.  In short, Uniwest and later cases… Continue reading Another Twist on Uniwest and Indemnification

Indemnify is a Funny Word Carrying Historical Baggage—Be Aware and Use with Care

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

Attorneys’ Fees and Costs for the Prevailing Insured

Deborah Trotter | Property Insurance Coverage Law Blog | May 26, 2019 It has been almost eight months since Hurricane Michael devastated the eastern side of the Florida Panhandle. Not surprisingly, many residents and business owners are exhausted. Exhausted in the deepest sense—exhausted from waiting, exhausted from hoping, exhausted from failed promises made by their… Continue reading Attorneys’ Fees and Costs for the Prevailing Insured

California Limits Indemnification Obligations of Design Professionals

William L. Doerler | The Subrogation Stategist | August 18, 2017 The California legislature recently enacted legislation – SB 496 – limiting a design professional’s indemnification obligations in private contracts related to design services. The term “design professional” refers to licensed architects, landscape architects and professional land surveyors, and registered professional engineers. As revised, Cal.… Continue reading California Limits Indemnification Obligations of Design Professionals

What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts

Matthew DeVries | Burr & Furman LLP | May 3, 2017 As a father of seven children, I am always being asked to determine the “responsible party” when something breaks, gets lost, or is simply missing. In parenting, there is no written contract between the adult and to child to transfer the responsibility for the… Continue reading What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts

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