Jump to content

Trikdagain

Members
  • Content Count

    4
  • Joined

  • Last visited

  1. That is what I thought. I appreciate all your help. Although we can't afford an attorney at this time I think I can come up with language that ensures that we indemnify the contractor et al., only to the extent of damages caused by our own negligence or the negligence of others for whom we are legally responsible. I hope the contractor will accept the change. I can't thank you enough for all your help!
  2. Yes, I cut and pasted the language straight from the contract into my post.
  3. Thank you for your response. I interpreted the following underlined text: "...from all claims that may arise from any breach, violation or default by contractor or its employees, agents, representatives, Subcontractors, or Sub subcontractors, or any employees, agents, representatives or contractors of any foregoing, of contractors obligations ..." to mean that we, as the subcontractor, would be liable for any damages resulting from any breach, violation or default committed by any of the indemnities and not just any breach, violation of default which we committed. Also, does the following underlined language: "...of contractors obligations under the contract documents including, without limitation, any violation of any law, statute, ordinance, order, rule or regulation, including, without limitation, any Environmental Law and the Storm Water Requirements". mean that if any of the indemnities breaks any law, statute, ordinance, etc. that we, as the subcontractor, could be called on to defend and indemnify them even in the absence of any negligence on our part? Thank you so much for your help. We are a small start up company and can't afford legal counsel at this time. We need this companies business but can't afford to sign a contract that may create uninsurable losses for us as I am pretty sure out E&O insurance policy contains a contractual liability exclusion. How could we revise this clause to ensure that we indemnify the contractor et al., only to the extent of damages caused by our negligence or the negligence of others for whom we are legally responsible? +
  4. Could someone please tell me exactly what I am agreeing to as the Subcontractor if I sign an agreement which contains the following indemnity clause: (my company is actually an Oklahoma LLC but the contract states it will be governed by the laws of the State of Kansas)9.1.1 INDEMNITY: To the fullest extent permitted by law, the Subcontractor shall defend, indemnify and hold harmless the Contractor, the Contractor’s other subcontractors, the Architect/Engineer, the Owner and their agents, consultants and employees (the Indemnities) from all claims that may arise from any breach, violation or default by contractor or its employees, agents, representatives, Subcontractors, or Sub subcontractors, or any employees, agents, representatives or contractors of any foregoing, of contractors obligations under the contract documents including, without limitation, any violation of any law, statute, ordinance, order, rule or regulation, including, without limitation, any Environmental Law and the Storm Water Requirements.
×
×
  • Create New...