Indemnity

  • LEGALLY SPEAKING: Pay Attention to the Indemnification Clause in the Subcontract0

    March 2019 Edition by Timothy Woolford, Esq., Woolford Kanfer Law, P.C. Most subcontracts contain indemnification clauses, also sometimes referred to as “hold harmless clauses.” Their purpose is to transfer the risk of certain losses or expenses on construction projects from the GC to the subcontractor. Usually (but not always), the losses or expenses which trigger

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    December 2018   ASA Names Government Relations Expert Mike Oscar as Chief Advocacy Officer ASA has named Mike Oscar, managing partner, Gray & Oscar, LLC, a government relations consulting firm with offices in Alexandria, Va., and Philadelphia, Pa., as its Chief Advocacy Officer, effective Dec. 5. Oscar will lead ASA’s government and industry advocacy programs,

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  • Indemnity Provisions in Subcontracts May Burden Subcontractors with Excessive Risk0

    by Joseph M. Sweeney, Esq., and Scott A. Mangum, Esq. Indemnity provisions are often highly contested subcontract provisions since they shift risk from general contractors to subcontractors. While subcontractors may understand the general purpose of indemnity provisions, i.e. that one party (the “indemnitor”) agrees to indemnify and defend another party (the “indemnitee”) from claims, they

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    November 2017 Appeals Court Hears Oral Arguments on OSHA Silica Rule On Sept. 26, business and labor lawyers, as well as representatives of OSHA, made oral arguments concerning OSHA’s silica rule before the U.S. Court of Appeals for the District of Columbia Circuit. Industry attorneys, including those representing ASA and the Construction Industry Safety Coalition,

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  • LEGALLY SPEAKING: Risk Transfer Gone Amok: Indemnity and Hold Harmless0

    by Lee Brumitt, Esq., Dysart Taylor Cotter McMonigle & Montemore, P.C. There is no more prevalent or dangerous clause in a subcontract than the one transferring the responsibility for claims “arising out of” a project to the subcontractor. This provision routinely makes the “Killer Contract Clauses” list. Risk-shifting provisions by which subcontractors indemnify, hold harmless,

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  • LEGALLY SPEAKING: Five Boilerplate Terms to Negotiate in Your Next Subcontract0

    by James R. Lynch, Esq., Ahlers & Cressman, PLLC Whether you negotiate your own subcontracts or rely on your lawyer to do the heavy lifting at contract time, a savvy subcontractor should understand the basic purpose of common subcontract provisions, and be prepared to negotiate for fair and commercially reasonable terms. While most sophisticated subcontractors

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