Indemnification Construction Contracts

News & Analysis as of

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more

Construction Law Developments in 2015 Colorado Legislative Session

In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado....more

Under Construction - March 2015

Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more

Harmonizing Risk Transfer: Avoiding Pitfalls With Additional Insured Provisions

A contractual additional insured provision is an important tool in managing risks. Historically seen in construction contracts, additional insured provisions now appear in many other types of contracts, including those...more

5th Circuit Holds No Duty to Indemnify Based on Contractual Liability Exclusion

In its recent decision in Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June 27, 2014), the United States Court of Appeals for the Fifth Circuit had occasion to consider whether the Contractual...more

General Contractors Beware: Coverage Under Additional-Insured Endorsement to Subcontractor’s CGL Policy May End When...

Within the past four months, two courts interpreting Mississippi law have held that an additional-insured endorsement to a subcontractor’s commercial general liability (CGL) insurance policy did not obligate the insurer to...more

Three Critical Points of Construction Contract Contention

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

Construction Tip #7: Developers Should Not Rely Entirely On Standard Forms Of Construction Contracts

Anyone with experience in the construction industry knows that form construction contracts are routinely used to memorialize agreements for the construction of new projects. Standardized contract forms promulgated by various...more

Construction Law Insight: Important Change To Minnesota's Anti-Indemnification Law

In April, Governor Dayton signed into law legislation that promises to reduce litigation over indemnity claims by restricting the ability to require one party to insure another for the other's fault. ...more

Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34–226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own...more

Under Construction - June 2013: New Mexico’s Anti-Indemnity Act and Additional Insured Provisions

The New Mexico Anti-Indemnity Act related to construction projects was adopted to “promote safety in uniquely hazardous work place environments,” like construction sites, by holding each party accountable for its actions on a...more

Under Construction - June 2013: Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals

Accidents and losses unfortunately happen on construction projects. Thus, it is prudent, on the front end of a project, to prospectively determine which party or parties will ultimately pay in the event accidental damage or...more

Broad Form Indemnities In Construction Contracts

Indemnifying someone for their own negligence is a tough pill to swallow. ...more

2013 California Construction Law Update

More than 4,000 bills were introduced in the California State Legislature during the 2011-2012 legislative session. Of these bills, 996 made it to Governor Brown’s desk, of which 876 were signed into law, and 120 were...more

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