Indemnification not Owed by Engineer Inspectors to Design-Builder Whose Own Negligence caused Damages

by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article

A design-build contractor made changes to the size of steel supports for a bridge contrary to the design specifications and without approval of design engineer. It then built the bridge despite being advised of the non-conformities by its two subcontracted engineering...

Broad Form Indemnification Clause Violated State Anti-Indemnity Statute

by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article

An indemnity clause in an architect’s contract with its client (building developer) was found void for violating anti-indemnity statute applicable to “contractors” performing work on “any contract relating to construction” because it required indemnity “for any and...

Indemnification is only for Third Party Claims Unless Clause Expressly States it applies to First Party Damages

by Kent Holland | Mar 1, 2019 | indemnification clause, Newsletter Article

An indemnification clause will only apply to liability for claims brought by third parties. It will not apply to claims between the contracting parties. In Florida, a contract’s general indemnity clause does not apply to first party claims for costs and expenses...

Indemnification Clause that Included Voidable Provision was Enforced to Extent Legally Permissible Instead of Throwing out Entire Clause

by Kent Holland | Dec 13, 2017 | indemnification clause, Newsletter Article

An indemnification clause in a contract between a school board and a general contractor contained an indemnification clause requiring the contractor to defend and indemnify the owner against all claims and damages even if caused by the owner. This violated the state’s...

Indemnity Obligation Includes First Party Attorneys Fees Based on Language of the Clause

by Kent Holland | Nov 15, 2017 | indemnification clause, Newsletter Article

An indemnity clause in an easement agreement required the indemnitor (contractor) to pay the Indemnitees (adjoining property owner) first party attorneys fees that were incurred in suing the contractor for property damages. This was a “Crane Swing, Tie Back and Swing...

Indemnification Clause Unenforceable where Inconsistent with a State’s Contribution Act Applicable to Joint Tortfeasors

by Kent Holland | Aug 28, 2017 | indemnification clause, Newsletter Article

By: Kent Holland A contract required the architect to indemnify its project owner client (a hotel) against damages and attorneys fees arising from injuries on hotel property. The hotel, architect and others entered into settlement agreements with a plaintiff that...