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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 Clause Void & Unenforceable Because Sub was not Sole Cause of Damages

by Kent Holland | Sep 1, 2015 | indemnification clause, Newsletter Article

Kent Holland ConstructionRisk, LLC On a condominium project, where an indemnification clause on its face made a subcontractor responsible for indemnifying the prime contractor for damages caused “in whole or in part” by the subcontractor, it was held that the state’s...

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