Jessica duHoffmann | PilieroMazza Construction projects involve high risk. Multiple contractors and subcontractors working on a project site—often with heavy equipment and hazardous conditions—creates the potential for significant injuries, property damages, and delays. To allocate that risk, indemnification provisions are standard in construction contracts. Whether you are a project owner, general contractor, subcontractor, or supplier,… Continue reading Top 10 Killer Construction Contract Clauses, Part 3: Are the Indemnification Provisions in Your Construction Contract Enforceable?
Tag: Indemnification Provision
Another Possible “Out” of Uniwest?
Christopher G. Hill | Construction Law Musings Remember the Uniwest case that stated that Va. Code 11-4.1 renders an indemnification provision unenforceable if it requires indemnification for the indemnitee’s actions? I’ve discussed it on several occasions and in contexts from applicability to architects to whether it is the operation of an indemnity clause, even where the clause itself would be valid, that… Continue reading Another Possible “Out” of Uniwest?
Proportional Fault Indemnification Provisions Held Enforceable in Alabama
Mason Rollins | BuildSmart The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. JohnsonKreis Construction Company, Inc. subcontracted with Howard Painting, Inc. to perform work on a hotel project in Birmingham, Alabama. The… Continue reading Proportional Fault Indemnification Provisions Held Enforceable in Alabama
Mitigating Risks in Generative AI Integration: The Importance of Indemnification Provisions
Devin Bates | Mitchell, Williams, Selig, Gates & Woodyard In today’s rapidly evolving technological landscape, the integration of generative AI (“GAI”) has become increasingly prevalent across various professions and industries. From enhancing customer experiences to streamlining business operations, GAI offers immense potential for efficiency. Along with its benefits, however, come inherent risks and challenges that… Continue reading Mitigating Risks in Generative AI Integration: The Importance of Indemnification Provisions
Different Types of Indemnity and Their Relative Enforceability in Construction Litigation
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