{"id":896956,"date":"2020-01-15T14:09:12","date_gmt":"2020-01-15T21:09:12","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=896956"},"modified":"2020-01-15T14:09:20","modified_gmt":"2020-01-15T21:09:20","slug":"closer-look-at-indemnification-clause","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/closer-look-at-indemnification-clause\/","title":{"rendered":"Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause"},"content":{"rendered":"\n

Aimee Cook Oleson | Construction & Infrastructure Law Blog<\/a><\/p>\n\n\n\n

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to simply re-use the indemnity language from a prior agreement without considering whether it is a good fit for their current project. This can be a big mistake that may lead to ambiguities and uncertainties if a dispute arises down the road. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk. These clauses often contain language such as \u201cnotwithstanding anything to the contrary herein,\u201d or the like, which can alter and override other provisions in the agreement.<\/p>\n\n\n\n

Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. Therefore, they deserve an extra look before finalizing an agreement. Here are a few issues to keep in mind when reviewing your next indemnification clause:<\/p>\n\n\n\n