News & Analysis as of

Construction Industry Indemnification Clauses Contract Terms

Tarter Krinsky & Drogin LLP

Consequential Damages: Contract Language Is Key

Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons:...more

Saiber LLC

The Saiber Construction Law Column: June 2025

Saiber LLC on

A statute of repose is a law that sets a fixed time limit after which a lawsuit cannot be brought regardless of when an alleged injury occurred or was discovered....more

Cranfill Sumner LLP

A Closer Look at North Carolina’s Anti-Indemnity Statute – and Other Defenses to Indemnity Claims in the Construction and Design...

Cranfill Sumner LLP on

Have you or your clients been sued by an individual or company seeking indemnity for damages allegedly incurred? Are you wondering how to combat and defend against such a claim?...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Protecting Owners With Robust Indemnification Clauses

Lately, it seems as though the most contentious legal issue in construction contracting revolves around indemnification clauses and the interrelated waiver of consequential damages. Owners customarily seek full defense and...more

Marshall Dennehey

Right of Indemnity Established Against Contractor When Contract for Service is Unambiguous, Containing Explicit Hold Harmless and...

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The plaintiff, a construction entity, originally contracted with the defendant to provide finished concrete products to a construction site. The defendant subsequently contracted with a third party (the subcontractor) to...more

Steptoe & Johnson PLLC

Supreme Court of Appeals of West Virginia Rules on ‘Duty to Defend’ in Contractual Indemnification Provisions

On June 12, 2023, the Supreme Court of Appeals of West Virginia held in WW Consultants, Inc. v. Pocahontas County Public Service District and A-3 USA, Inc., Orders Construction Company, Inc., and Pipe Plus, Inc., No. 21-0485,...more

Troutman Pepper Locke

Not Everything Is Bigger in Texas: Court of Appeals Reverses Trial Court’s Expansive Interpretation of Indemnity Clause

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RKI Expl. & Prod., LLC v. Ameriflow Energy Servs., LLC, No. 02-20-00384-CV, 2022 Tex. App. LEXIS 4331 (Tex. App. June 23, 2022) - A recent decision by the Court of Appeals of Texas highlights the perils of failing to...more

Tarter Krinsky & Drogin LLP

Indemnity Provisions – What You Need to Know

The indemnification clause is one of the most important provisions in a construction contract. It transfers risk from one party, the “indemnitee,” to another party, the “indemnitor.” The risk is transferred by way of the...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Design Builder - Style Points

Dear YouDig? We are a design builder with jobs throughout Ohio and the Midwest. We have noticed an increase in workplace discrimination and hostility on many of the jobs we are running. This is definitely not our style...more

Pillsbury Winthrop Shaw Pittman LLP

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed Source: Virginia Lawyer By James P. Bobotek 04.30.21 When preparing commercial contracts, parties strive for certainty to prevent...more

Spilman Thomas & Battle, PLLC

Indemnification Agreements and Insured Contracts – Yes, Your Business and/or Your Insurer Might Just Owe a Defense and Indemnity!

This article addresses potential issues and concerns, which may arise between General Contractors (“General”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as third-parties) may...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Indemnification Provisions: What They Mean and What You Should Worry About - May 16th, 12:00pm ET

Whether you are an owner, a general contractor, or a subcontractor, a critical element to protecting the assets of your company is understanding what indemnification provisions mean and why they are important. In this...more

Troutman Pepper Locke

Utah Federal Court Dismisses Claim for Attorney Fees Finding That Neither the Indemnification Provision nor the Failure-To-Perform...

Troutman Pepper Locke on

R&O Constr. Co. v. MBA Gen. Contracting, LLC, No. 1:18-cv-00042, 2019 BL 98680 (D. Utah Mar. 21, 2019) - On March 21, 2019, a Utah federal court granted Defendants MBA General Contracting, LLC and Cory Martin’s motion to...more

Snell & Wilmer

Overview of New Mexico Construction Law

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We’ve seen an uptick in out-of-state companies working on construction projects in New Mexico. The following is an overview of some of the nuances of New Mexico construction law about which companies may want to be aware. ...more

Troutman Pepper Locke

New York Appellate Division Holds That Contractor’s Assertion That No Payments Were Due to Subcontractor Until a Separate...

Troutman Pepper Locke on

AWI Sec. & Investigations, Inc. v. Whitestone Constr. Corp., 2018 N.Y. App. Div. LEXIS 5867 (August 23, 2018) - A subcontractor, AWI Security and Investigations, Inc. (“AWI”), sued a general contractor, Whitestone...more

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