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...

Contractor’s CGL Policy Professional Liability Exclusion Precludes Coverage for Damages from Subcontracted Land Surveyor’s Error

by Kent Holland | Feb 26, 2018 | Newsletter Article, professional liability exclusion

General Contractor (GC) constructed two condominium buildings too close to the adjoining property. This was due to an error made by the land surveyor who was working under subcontract to the GC. An occupancy permit would not be issued by the County unless the problem...

$50,000 Limitation of Liability Clause Enforced Although Eight Percent of Designer’s Fee

by Kent Holland | Feb 7, 2018 | limitation of liability clause, Newsletter Article

A design professional was granted summary judgment enforcing a $50,000 limitation of liability (LoL) clause and waiver of consequential damages clause in its contract with its client, the design-builder. Although this amount was only eight (8) percent of the...

Professional Liability Exclusion in CGL Policy Barred Coverage for $25 Million Damages Claim from Ruptured Pipe Line

by Kent Holland | Jan 2, 2018 | Newsletter Article, professional liability exclusion

Professional Liability Exclusion Case Where a construction excavator struck an unmarked petroleum pipeline causing a massive explosion and rupture, the commercial general liability (CGL) excess insurance carrier of the pipeline owner, Kinder Morgan, settled claims...