News & Analysis as of

Indemnification Construction Industry

Goldberg Segalla

Labor Law Update Fall 2023

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EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research...more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - June 14th, 12:00 pm - 1:00 pm EDT

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While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Cranfill Sumner LLP

Different Types of Indemnity and Their Relative Enforceability in Construction Litigation

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Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in...more

White and Williams LLP

A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence

In University of Massachusetts Building Authority v. Adams Plumbing & Heating, Inc., 2023 Mass. App. Unpub. LEXIS 28, 102 Mass. App. Ct. 1107, the Appeals Court of Massachusetts (Appeals Court) considered whether the lower...more

Snell & Wilmer

Don’t Be Lazy With Your Tenders of Defense and Indemnity

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Our construction clients may spend significant time, money, and effort refining and updating their contract provisions covering indemnification and the duty to defend claims. Consider spending an appropriate and adequate...more

Cohen Seglias Pallas Greenhall & Furman PC

How PA’s Proposed Anti-Indemnification Statute May Affect the “Belt-and-Suspenders” Approach to Risk Transfer in Construction...

In a January 2021 memorandum, Pennsylvania State Representatives Todd Stevens and Michael Driscoll reintroduced a bill that, if passed, would amend 68 P.S. § 491 to significantly limit the breadth of indemnification...more

Cohen Seglias Pallas Greenhall & Furman PC

Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two

In this webinar series, George Pallas and Kathleen Morley present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and Kathleen...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Practical Training for Project Managers & Supervisors: Part Two: Important Contract Provisions, Claims Preservation, and...

In this webinar series, George Pallas and Kathleen Morley will present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and...more

Sherman & Howard L.L.C.

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more

Faegre Drinker Biddle & Reath LLP

Do I Have a Claim? Enforcing Rights to Contribution or Indemnification During the COVID-19 Pandemic

Construction projects are slowed or disrupted all the time because of one party’s actions and omissions. Enforcing a right to contribution or indemnification because of that party’s failures or missteps can be challenging,...more

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

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Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

Ward and Smith, P.A.

NC Anti-Indemnity Statute Update, New Changes Now in Effect

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On July 8, 2019, Governor Roy Cooper signed into law HB 871, significantly altering North Carolina's anti-indemnity statute, N.C. Gen. Stat § 22B-1 ("Anti-Indemnity Statute"), particularly as it relates to indemnity...more

Bradley Arant Boult Cummings LLP

A Second Level of Protection to Indemnitees - Construction and Procurement Law News, Q2 2019

It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity...more

Cohen Seglias Pallas Greenhall & Furman PC

Indemnification Provisions: What They Mean and What You Should Worry About

Presented by Cohen Seglias Partner Jonathan A. Cass on May 16, 2019. Whether you are an owner, a general contractor, or a subcontractor, a critical element to protecting the assets of your company is understanding what...more

Porter Hedges LLP

Construction Bills To Watch In The 86th Texas Legislative Session

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The Texas Legislature is officially back in session. While lawmakers generally have until March 8, 2019 to file bills, many bills of interest to the construction industry have already been filed. Below is a list of some key...more

Troutman Pepper

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

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Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more

White and Williams LLP

Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies

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In Blok Builders, LLC v. Katryniok, 2018 Fla. App. LEXIS 1312, the Court of Appeals of Florida for the Fourth District considered whether Florida Statute § 725.06 applied to a contract for the excavation of various...more

Bradley Arant Boult Cummings LLP

Florida Statutory Limitation on Indemnity Does Not Apply to Excavation Subcontract on Utility Line Project

Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more

Rumberger | Kirk

Chapter 558 Pre-Suit Notice May Trigger an Insurer's Duty to Defend and Indemnify

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The Supreme Court of Florida recently issued an opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), which impacts an insurer’s duty to defend and...more

Troutman Pepper

Federal Court in Nebraska Denies Surety’s Request for Preliminary Injunction Requiring Principal to Post Collateral Security,...

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Allied World Specialty Ins. Co. v. Abat Lerew Constr., 2017 U.S. Dist. LEXIS 61794 (D. Neb. Apr. 24, 2017) - Abat Lerew Construction (“ALC”) entered into multiple construction projects which required it to obtain surety...more

Lowndes

Top Five Strategies for Managing Construction Risks

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Construction is a risky business. During construction, claims for personal injury, property damage and economic losses are foreseeable and must be managed. After completion of construction, warranty claims and claims for...more

Haight Brown & Bonesteel LLP

SB 496 – New California Law Affecting Indemnification Duties for Design Professionals

SB 496, approved by Governor Jerry Brown on April 28, 2017, amends California Civil Code Section 2782.8 to apply to all design service contracts entered into by design professionals on or after January 1, 2018. The amendment...more

Bradley Arant Boult Cummings LLP

Revisions to ConsensusDocs® Design-Bid-Build Standard Forms

Every construction project has a contract (written, preferably), and they often vary in size and scope depending on the nature and complexity of a project. Many construction industry participants have developed their own...more

Snell & Wilmer

Under Construction - June 2016

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Welcome to the June 2016 edition of our Under Construction newsletter. Hope you are staying cool this summer. Are you legally operating your drone on the construction site? In our Winter 2015 Under Construction...more

Clark Hill PLC

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

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Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

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