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An indemnification provision serves as a contractual remedy to redress a party’s (or third party’s) financial loss suffered as a result of a claim, breach, or some other event or condition set forth in the provision....more
In Short - The Background: Indemnity clauses are often included in contracts and can be extremely valuable, but they also raise many potential challenges to enforcing them, including state statutes, common law...more
Indemnity clauses can give rise to a duty to defend or duty to indemnify. This post reviews some basics of when such duties arise under Texas, New York, and California law: Can the duty to defend or to indemnify be determined...more
The indemnification clause is one of the most important provisions in a construction contract. It transfers risk from one party, the “indemnitee,” to another party, the “indemnitor.” The risk is transferred by way of the...more
“Let’s leave that to the lawyers.” It’s a familiar refrain that I hear often as contract negotiations drag on between parties. After the primary deal points in a contract have been agreed upon, many clients believe that the...more
Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed Source: Virginia Lawyer By James P. Bobotek 04.30.21 When preparing commercial contracts, parties strive for certainty to prevent...more
This article addresses potential issues and concerns, which may arise between General Contractors (“General”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as third-parties) may...more