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Waiver of Subrogation Enforceable on Gross Negligence Claims

by Kent Holland | Nov 6, 2019 | Newsletter Article

A condominium sustained $3 million in fire damage when a portable electric generator on a truck owned by its roofing repair contractor malfunctioned. The truck was parked in the condo garage despite contract language expressly prohibiting that. The condo property...

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 Duty not Incorporated by Reference to Prime Contract

by Kent Holland | Aug 21, 2018 | Newsletter Article

Subcontract excavator owed a duty to indemnify and defend the prime contractor installing underground utility lines for a telecommunications company.   Two important holdings were (1) a state statute applicable to certain construction contracts, which prohibits...

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