Contract Formation, Indemnification Clauses

Different Types of Indemnity and Their Relative Enforceability in Construction Litigation

Cranfill Sumner LLP on 5/4/2023

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

The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause

Bradley Arant Boult Cummings LLP on 4/28/2023

The “American Rule” on attorneys’ fees is that each party pays its own lawyers, even if you win. As with almost any rule, there are exceptions. Sometimes there is a statute that requires the losing party to pay the prevailing...more

[Webinar] Grant Agreements: What to Include and What to Look Out For - January 26th, 12:30 pm - 1:30 pm ET

Venable LLP on 1/18/2023

As charitable grant making becomes more sophisticated and program oriented, granting organizations are employing increasingly complex and comprehensive grant agreements. In addition to standard terms describing grant amounts...more

Delaware Court Enforces Strict Compliance With Notice Provisions

White and Williams LLP on 5/18/2018

The Delaware Chancery Court issued a recent opinion that provides a warning for parties to contracts: strictly follow the notice instructions set forth in the agreement or otherwise jeopardize contractual rights under the...more

Delaware Supreme Court Reverses Chancellor's Chicago Bridge Ruling - Authority of Independent Auditor to Resolve Purchase Price...

Jones Day on 8/30/2017

In a much-anticipated decision, on June 27, 2017, the Supreme Court of Delaware reversed the Chancery Court's ruling in Chicago Bridge v. Westinghouse. The Delaware Supreme Court determined that an independent auditor...more

Is that Covered? Insurance and Indemnity Clauses

McNees Wallace & Nurick LLC on 11/3/2014

Many contracts contain clauses requiring parties to carry insurance and to agree to indemnify one party or another in the event of a lawsuit. Such language is typical in lease agreements, distribution contracts, and...more