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Construction Industry Indemnification Clauses Negligence

Saiber LLC

The Saiber Construction Law Column: June 2025

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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

Maynard Nexsen

Understanding Indemnification Clauses

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Introduction - Construction projects are risky. Contracts allocate risks between the parties. Indemnification clauses shift risk from one party to another. Many parties pay little attention to their contracts’...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

Saul Ewing LLP

Developer is Not Indemnified for its Own Conduct Without an Express Agreement in the Indemnification Clause

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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...more

Bradley Arant Boult Cummings LLP

A Second Level of Protection to Indemnitees - 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...more

Faegre Drinker Biddle & Reath LLP

Interpreting the Scope of Colorado's Anti-Indemnity Statute

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...more

Faegre Drinker Biddle & Reath LLP

Interpreting Indemnity Provisions in Construction Contracts

Liability in the construction process is usually determined and allocated by contract. It is quite common for construction contracts to contain indemnity provisions requiring one party to defend and reimburse the other...more

White and Williams LLP

Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies

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In Blok Builders, LLC v. Katryniok, 2018 Fla. App. LEXIS 1312, the Court of Appeals of Florida for the Fourth District considered whether Florida Statute § 725.06 applied to a contract for the excavation of various...more

Saul Ewing LLP

Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy

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When indemnity is mentioned, most owners, designers and contractors think of protection from third party claims asserted by parties with whom they have no contractual privity. However, depending on the language used,...more

Troutman Pepper Locke

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s...

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Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) - This case arose out of a housing development project, with Amberwood Development Inc....more

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