Boston Real Estate Times | August 16, 2019 Morrison Mahoney LLP, one of the northeast region’s leading litigation firms, announced that William A. Staar, a Partner in the firm’s Construction Litigation Practice, prevailed in a case before the New Hampshire Supreme Court (NHSC) on behalf of landscape architect, Wagner Hodgson, Inc. At issue was whether New Hampshire’s eight-year statute… Continue reading A Milestone Construction-Defect Case at New Hampshire Supreme Court
Tag: Indemnity
Developer is not Indemnified for its own Conduct Without an Express Agreement in the Indemnification Clause
Sunu M. Pilai | Construction Industry Counselor | August 22, 2019 In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be indemnified by the Architect. See Grandview at Riverwalk… Continue reading Developer is not Indemnified for its own Conduct Without an Express Agreement in the Indemnification Clause
A Second Level of Protection to Indemnitees
Thomas L. Oliver III | Bradley Arant Boulg Cummings | July 31, 2019 Construction and Procurement Law News, Q2 2019 It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity agreements that create obligations… Continue reading A Second Level of Protection to Indemnitees
To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review
George M. Nicholos | Vandeventer Black LLP | June 4, 2019 Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts. Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are made, and contracts incorporating… Continue reading To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review
Interpreting the Scope of Colorado’s Anti-Indemnity Statute
Rachel Burkhart | Faegre Baker Daniels | April 12, 2019 A common feature of construction contracts is the indemnity or “hold harmless” provision, which transfers the risk of loss due to a third-party claim from one party to another. Several states have enacted laws that limit the enforcement of indemnity provisions in construction contracts. Colorado’s… Continue reading Interpreting the Scope of Colorado’s Anti-Indemnity Statute