Indemnity

Rental Agreement Indemnity – A Setback for Rental Companies

Readers of this blog know that the terms and conditions in equipment rental agreements favor the rental company. Those agreements typically have one-sided indemnity clauses, on the basis that the rental company expects the renting contractor to ca… Read More
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Inherent Limitations in Some Anti-Indemnity Laws

A majority of states have enacted anti-indemnity laws in various forms, protecting subcontractors (in most states with such laws) and prime contractors (in a lesser number of states) from overbroad indemnity clauses. But some clauses target sector… Read More
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Subcontractor Indemnity Did Not Cover Claim Arising from Contractor Decision

A subcontractor was obligated to provide experienced workers, and the GC had the right to tell the sub to remove anyone without the requisite experience. The sub’s workforce included a woman without any prior experience with the rebar bending machi… Read More
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Unsigned Contract = No Proper Insurance Coverage

File this one under “Oops.” The unsigned contract meant that the contractual liability exclusion in the subcontractor’s insurance policy would control, since there was no obligation “assumed in a contract or agreement . . . [where the claim]… Read More
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When the Indemnity Names the Wrong Entity

It’s a problem. Per the court: “Just as ‘Ten’ is not ‘Twenty,’ a ‘corporation’ cannot mean ‘a limited partnership.'” So a surety who obtained an indemnity agreement for claims arising from bonds… Read More
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Indemnity Obligation Typically Includes Attorneys’ Fees

The “American rule” in litigation is that each party must pay its own legal fees, absent a contract or statutory right to recover the same from another party. But the nature of an indemnity is one where legal fees incurred by the indemnitee shoul… Read More
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Indemnity Obligation Can Arise Even Without Negligence

The scope of an express indemnity obligation comes from the indemnity clause. If the indemnity is for claims “arising out of or in connection with” the indemnitor’s work, there is no need to prove that the indemnitor was negligent. That is the… Read More
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Indemnities Demystified

Indemnity. In the panoply of contract terms, no other word strikes as much terror into the hearts of contract administrators, project managers and other business types. This fear is often born of the failure to understand the essential elements an… Read More
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Surety’s Indemnity Rights Eliminated by Subsequent Arbitration Agreement

Most readers are familiar with the concept that performance bond sureties expect to recoup, from their principals, every dollar of cost incurred in responding to demands on the bond. And most readers are aware that the typical general indemnity agree… Read More
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Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend

A New Hampshire court has issued a thoughtful decision on the duty to defend arising from an indemnity obligation in a design contract. The court distinguished between the duty to defend often invoked for insurance coverage, from a duty to defend… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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