by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article
According to a Louisiana appellate court, an indemnification clause can not be enforced to require a party to indemnify for the indemnitee’s own negligence unless the clause specifically states that to be the intent of the parties in no uncertain terms. An...
by Kent Holland | Jan 30, 2011 | limitation of liability clause, Newsletter Article
A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed. The architect’s motion for...
by Kent Holland | Dec 31, 2010 | Newsletter Article
The California Court of Appeals issued an important opinion regarding UDC v CH2M Hill affecting construction professionals. The decision is the first of its kind to interpret a design professional’s duty to defend under an indemnity agreement in light of the...
by Kent Holland | Dec 31, 2010 | duty to defend, Newsletter Article
With the signing into law of California Senate Bill SB 972, California amended Section 2782.8 of its Civil Code, thereby limiting the enforcement of indemnification clauses upon design professionals working for public agencies. Much positive hype and commentary has...
by Kent Holland | Dec 31, 2010 | indemnification clause, Newsletter Article
A question that is asked with increasing frequency is whether attorneys fees incurred pursuant to an indemnity clause are insurable where they are not incurred due to a duty to defend (i.e., paid on behalf of the indemnitee) but are instead paid after the litigation...
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