Contractor Liability: How to Stay Out of Court. March 15, 2007 Thomas C. Bell William A. Bianco Andrea Wang Jonathon D. Bergman. Indemnity Clauses. Thomas C. Bell (303) 892-7472 [email protected] Shifting the Risk of Loss. Basic Clause.
March 15, 2007
Thomas C. Bell
William A. Bianco
Jonathon D. Bergman
Indemnity. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, Architect, Architect’s consultants, and agents and employees of any or all of them (the “Contractor’s Indemnitees”) from and against any and all claims, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or resulting from performance of the Project or Contractor’s activities (or those of any Contractor-Related Person(s)) on or about the Site, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than demolition and alterations required pursuant to the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of any Contractor-Related Person(s) or anyone for whose acts they may be liable, whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder (“Contractor’s Indemnity”). Contractor’s Indemnity shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity to which Contractor’s Indemnitees might otherwise be entitled.
No Damages Limitation. In claims against any Contractor’s Indemnitee made by any Contractor-Related Person(s), Contractor’s Indemnity shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or any Contractor-Related Person(s) under any worker’s compensation, disability benefit, or other employee benefit act.
Architect’s Liability. Contractor’s Indemnity shall not extend to the liability of Architect, Architect’s consultants, or agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by Architect, Architect’s consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage.
Article 6.1 Any controversy or claim between the Contractor and the Subcontractor arising out of or related to this Subcontract, or the breach thereof, shall be settled by arbitration, which shall be conducted in the same manner and under the same procedure as provided in the Prime Contract with respect to claims between the Owner and the Contractor . . . . If the Prime Contract does not provide for arbitration or fails to specify the manner and procedure for arbitration, it shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise.
K. P. Meiring Cons. v. Northbay, 761 So.2d 1221 (Fla.App. 2 Dist. 2000)
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.