What is an Indemnity Clause?
An indemnity (hold harmless) clause is a section of a construction contract between two or more parties, typically a property owner and contractor(s), regarding the responsibility of losses or damages during a construction project. An indemnity clause provides protection to a specified party of the construction contract against damages and exempts them from liability caused by their own actions. In simple terms, this clause holds one party harmless for the losses of another.’
Who Does it Protect?
An indemnity clause may protect an owner from liability to the extent that someone is injured on the owner’s property during a construction project. However, if you’re a contractor it is essential that your construction law firm in Tampa draft your construction contracts to include an indemnity clause that protects your interests, in case an owner or subcontractor asserts a claim against you.
Should I Hire an Attorney to Write My Indemnity Clause?
In short, yes. Contractual indemnity clauses are often an essential component of construction contracts. An indemnity clause should be drafted in a way that is clear to both parties and does not conflict with Florida Statute 725.06, which states that in order for the provision to be enforceable, there must be a monetary limitation on indemnification for construction contracts. Otherwise, the provision may be unenforceable. For this reason, it is highly recommended to consult a Tampa construction law firm if you are in need of a contractual indemnity clause.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.