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,…
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 —…
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…
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…
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”…
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…
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…
[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…
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…
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,…
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…
Over 4,000 bills were introduced in the California State Legislature during the 2011-2012 legislative session. Of these bills, 996 made it to Governor Brown’s desk, of…
