Front Page
Jan. 25, 2001
Sound of Silence
By William D. Wick There was nothing unusual about the sellers of contaminated property agreeing to clean it up and to indemnify the buyer. But a District Court recently held that by making that agreement, the sellers waived their contribution rights against third parties, because the agreement did not expressly preserve those rights. Southdown v. Allen, 119 F. Supp.2d 1223 (N.D. Ala. 2000).
There was nothing unusual about the sellers of contaminated property agreeing to clean it up and to indemnify the buyer. But a District Court recently held that by making that agreement, the sellers waived their contribution rights against third parties, because the agreement did not expressly preserve those rights...