Anti-Indemnity
Inherent Limitations in Some Anti-Indemnity Laws
February 8th, 2018
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 sectors o…
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Indemnities Demystified
October 18th, 2016
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 and p…
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Apply Common Sense To Indemnity Claim
July 28th, 2015
A mechanical sub’s employee is severely injured during a coffee break when an improperly-fastened section of limestone façade comes loose near where he is sitting. Should the mechanical sub owe a duty of indemnity to the prime contractor? The Mass…
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Overbroad Indemnity Is Still Enforceable Within Statutory Limits
June 23rd, 2015
Oregon has a law, similar to many other states, prohibiting overbroad indemnities in construction contracts. The Oregon Supreme Court has ruled that the law allows an arguably overbroad indemnity to be enforced within the statutory constraints, rathe…
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