Julia Edwards Bobbitt and Brian Waters | Gray Reed Construction companies spend countless hours drafting agreements requiring indemnification and insurance for their projects. These obligations are prevalent for all tiers of construction industry members— from subcontractors and suppliers, to project owners. The purpose of this article is to address some considerations in anticipation of a… Continue reading Basic Indemnity and Insurance Considerations in the Construction Context
Tag: Indemnification
Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?
Ryan Michael Leaderman and Paloma Perez-McEvoy | Holland & Knight Highlights Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant to agree to defend, indemnify, protect and hold harmless the local agency in any… Continue reading Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?
Court “Fl[u]shes Out” Leaking Loo Litigation
Victor Metsch | Smith, Gambrell & Russell A ceiling fixture falls on a tenant in his apartment. Shortly before the incident a toilet leaking from the unit above was replaced. The tenant blames the owner. And the owner blames the plumber. Case closed. Not. Issues of fact as to causation and notice. Claims for contribution… Continue reading Court “Fl[u]shes Out” Leaking Loo Litigation
Trade Contractors, Worker Safety, Indemnity, and COVID-19
Carol A. Sigmond | Porzio Bromberg & Newman Generally, project owners, construction managers and some general contractors have been investigating ways to maintain progress on their project in face of ‘social distancing’ and ‘stay at home’ orders from governmental authorities. Many workers and subcontractors have joined in the clamor to continue working. However, financially… Continue reading Trade Contractors, Worker Safety, Indemnity, and COVID-19
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