Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far
We all love David and Goliath stories. The underdog winning against the far stronger (and dastardly) opponent. Think Rocky Balboa versus Ivan Drago, the Star Wars…
California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically,…
Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds
Indemnity provisions are one of the most fought over provisions in design and construction contracts. But while parties generally understand the intent behind indemnity provisions —…
Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision
Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for…
That Boilerplate Language May Just Land You in Hot Water
The following post originally appeared in my partner Kevin Brodehl‘s informative blog, Money and Dirt. If you’re involved in real estate investment, development and/or secured lending in California, it’s a must read. While…
Playing Hot Potato: Indemnity Strikes Again
Indemnity can be like playing hot potato (for those of you closer to the Minecraft generation, in the game of hot potato, a metaphoric “hot potato”…
The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?
Insurance and indemnity are the primary risk management strategies on construction projects. Insurance, such as commercial general liability insurance, insures against third party claims for bodily injury…
Anatomy of an Indemnity Clause
Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. They’re also one of the least understood. But we’re here to dissect it…
Your “Independent Contractor” Clause Just Got a Little Less Relevant
[Editor’s Note: We hate being wrong, but hey, it happens. Based on Dave Ross’ comment below we’ve revised this post to reflect that AB 1897 appears…
My Construction Law Wish List
I’ve been good this year. Not great mind you, but good, and good is the standard, right? So, here’s my construction law wish list this holiday…
A (Somewhat) Visual Guide to What’s New in California Construction Law
This past week I gave a presentation with two of my colleagues – Roger Hughes, the head of our firm’s Construction Practice Group, and Peter Laufenberg,…
Indemnity Provisions After SB 474
As I wrote in my 2013 Construction Law Update, among the new laws taking effect in 2013 is new indemnity legislation – SB 474. SB 474…
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