J. Christopher Selman and Zachary B. Stewart | BuildSmart “Contractor shall indemnify and hold harmless…” Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification provisions often feature in those discussions. But are the… Continue reading Does “Indemnify” = “Hold Harmless”?
Tag: Hold Harmless
Understand Agreements in Hold Harmless and Indemnity Provisions
Jeffrey Cavignac | Construction Executive One of the most important provisions in a construction contract is the indemnity provision. An indemnity provision, which usually includes a requirement to hold harmless and defend another party, is included in nearly all construction contracts. Generally speaking, the upstream party (a general contractor or owner, for example) is attempting… Continue reading Understand Agreements in Hold Harmless and Indemnity Provisions
What Does “Defend, Indemnify and Hold Harmless” Mean?
Nicole E. Roberts, David H. Sweeney and Tyler M. Andrews | Akin Gump Strauss Hauer & Feld The phase “defend, indemnify, and hold harmless” is found in many, if not most, contracts with liability allocation provisions, across multiple industries. However, many parties do not have a complete understanding of what, exactly, these words mean. The… Continue reading What Does “Defend, Indemnify and Hold Harmless” Mean?
To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review
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