Daniel Lund III | Phelps Dunbar Who needs them? So argued a surety pursuing recovery under its general agreement of indemnity when the indemnitors urged a Louisiana federal court to dismiss the surety’s complaint for failure to join various allegedly required parties as defendants in the litigation. As part of its court action, the surety… Continue reading Construction Litigation Roundup: “Who Needs Them”
Tag: Indemnity
A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects
Laurie Hager | Snell & Wilmer In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement that settled underlying construction defect claims. As background, the Twiggs hired… Continue reading A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects
Construction Litigation Roundup: “… and the Kitchen Sink!”
Daniel Lund III | Phelps Dunbar … and the kitchen sink! In a case that is a roadmap to recovery for a surety against individual indemnitors, the individual indemnitors resisted their indemnity obligations asserting – unsuccessfully – every possible defense imaginable. The indemnitors had all signed an indemnity agreement with the surety, which wrote a… Continue reading Construction Litigation Roundup: “… and the Kitchen Sink!”
Don’t Be Lazy With Your Tenders of Defense and Indemnity
Richard G. Erickson | Snell & Wilmer Our construction clients may spend significant time, money, and effort refining and updating their contract provisions covering indemnification and the duty to defend claims. Consider spending an appropriate and adequate amount of time, money, and effort when sending notices, or “tenders,” to enforce those critical provisions. Tenders demanding… Continue reading Don’t Be Lazy With Your Tenders of Defense and Indemnity
Indemnity: What You Don’t Know Can Hurt You!
Caitlin Kicklighter and Bill Shaughnessy | ConsensusDocs Risk allocation between the parties is a critical component of any construction contract. Indemnity obligations can be some of the important risk-shifting provisions of any design or construction contract. Indemnity provisions typically require one party, the Indemnitor, to agree to “hold harmless,” and/or reimburse another party, the indemnitee,… Continue reading Indemnity: What You Don’t Know Can Hurt You!