Civil Litigation,
Construction,
California Courts of Appeal,
Appellate Practice
Apr. 10, 2018
A win for broad indemnity (and defense) provisions
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
CONSTRUCTION CORNER
Indemnity provisions are among the most fought over clauses in design and construction contracts. But while parties generally understand the intent behind indemnity provisions -- that one party, the "indemnitor," agrees to indemnify (and often defend as well) another party, the "indemnitee," from and against claims that may arise on a project -- few understand how they are actually applied.
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