News & Analysis as of

Construction Contracts Indemnity Agreements

Contract Interpretation: Whether The Contract Is A Non-Insurance Indemnity Agreement Or An Insurance Policy Makes A Big Difference...

by Selman Breitman LLP on

In Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal. 4th 541, 187 P.3d 424, 79 Cal.Rptr.3d 721, the California Supreme Court addressed an indemnitor’s duty to defend the indemnitee under a non-insurance indemnity agreement...more

Managing Project Risk With Enforceable Indemnity Agreements

by Faegre Baker Daniels on

Most contracts in the construction industry supply chain require the “downstream” project participant to indemnify those “upstream” against a spectrum of losses or claims relating to the project. Upstream participants, such...more

What are the three most important risk-shifting provisions contractors and subcontractors should be concerned about?

“No damages for delay” clauses: “No damages for delay” clauses allocate the risks of project delays and disruptions between the owner and contractor. Oftentimes, these clauses preclude a contractor from recovering...more

Letters of the Law: 'I' is for Indemnity

by DLA Piper on

A to Z of Construction Law in Qatar Series - Standard form construction contracts contain indemnities. For example, the FIDIC standard forms of contract contain indemnities in relation to loss arising from death,...more

Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS

by Carlton Fields on

Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that Texas law allows an indemnity agreement to insulate a party from the consequences of its own, allegedly negligent conduct, but only if that feature...more

Three Critical Points of Construction Contract Contention

by Ervin Cohen & Jessup LLP on

Litigation has become part of the life cycle of many construction projects, both during the project and after completion. The course of most construction litigation is dictated by the terms of the project contracts. These...more

Nevada Supreme Court Extends Design Professional Economic Loss Rule Defense to Negligent Misrepresentation Claims on Commercial...

by Snell & Wilmer on

In 2009, the Nevada Supreme Court (“NSC”) applied the economic loss rule to bar claims of professional negligence by design professionals in commercial construction projects, ruling that “[i]n the context of engineers and...more

Construction Alert: Insuring Contractual Indemnity Obligations—A Lesson In Careful Contract Drafting

by Stinson Leonard Street on

The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's...more

Under Construction - December 2012

by Snell & Wilmer on

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

California Expands Prohibition on Certain Indemnity and Cost of Defense Provisions in Construction Contracts

by Snell & Wilmer on

Back in October 2011, California Governor Jerry Brown signed into law Senate Bill 474, which addresses indemnity provisions and cost of defense requirements in commercial construction contracts. The new law goes into effect...more

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