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
Tag: Indemnification
Practical Advice: Indemnification and Additional Insured Issues Revisited
John P. Ahlers | Ahlers & Cressman | August 24, 2016 Lawyers love writing about indemnification. There are seventeen blog articles on our website alone that deal with the subject. Before you click out of this email in disgust that we are rehashing a stale topic, this post contains some practical advice for contractors and… Continue reading Practical Advice: Indemnification and Additional Insured Issues Revisited
General Contractor Not a “Seller” Entitled to Indemnity in Product Liability Case
J. Laurens Wilkes, Andrew D. Ness and William R. Taylor | Jones Day | July 15, 2016 On June 17, 2016, the Texas Supreme Court held that a general contractor was not a “seller” under Chapter 82 of the Civil Practice and Remedies Code and, therefore, not entitled to indemnification from the manufacturer of an… Continue reading General Contractor Not a “Seller” Entitled to Indemnity in Product Liability Case
California’s Anti-Indemnification Statute and Additional Insured Provisions
Stuart J. Einbinder and Jeffrey M. Singletary – June 20, 2013 California law governing indemnification in the construction industry has recently undergone a major overhaul. Previously, a broad indemnity provision that effectively transferred the risk of loss down the chain from the owner or general contractor to the downstream contractor or subcontractor could be enforceable… Continue reading California’s Anti-Indemnification Statute and Additional Insured Provisions
Nevada Indemnification Clauses and Additional Insured Endorsements
Leon F. Mead II – June 20, 2013 Unlike many states, Nevada has no statutory prohibition on indemnification agreements within the construction context. This has been an issue of significant concern every legislative session since 1995, with 2013 being no exception. See AB367, 77th Legislative Session (2013).[1] In general, Nevada courts will enforce any type… Continue reading Nevada Indemnification Clauses and Additional Insured Endorsements