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?
Tag: Indemnification Provision
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?
You Are Indemnified…. Until You Are Not
William F. Bresee | Leech Tishman Fuscaldo & Lampl LLC | February 11, 2019 In the ordinary course of a construction project (or any commercial transactional arrangement, for that matter), something can go wrong. People can get injured; property can be damaged. For that reason, one of the significant risk allocation tools available to business… Continue reading You Are Indemnified…. Until You Are Not
Bailout for an Improperly Drafted Indemnification Provision
David Adelstein | Florida Construction Legal Updates | December 22, 2018 A recent opinion came out that held that even though an indemnification provision in a subcontract was unenforceable per Florida Statute s. 725.06, the unenforceable portion is merely severed out of the indemnification clause leaving the rest of the clause intact. In essence, an otherwise invalid indemnification clause is bailed… Continue reading Bailout for an Improperly Drafted Indemnification Provision