As Lakeland construction attorneys, we believe the better equipped you are in your contracts the more successful your projects will be. In Part 1 of this two-part article series, we introduced you to hold harmless agreements and the first type of hold harmless provision you can use within a construction contract. Following are the last two types of provisions that can be found in a construction contract.
The Intermediate Form provisions is used more commonly. With this provision, the indemnitor will take on all liability with the exception of problems that can be traced solely to the indemnitee. In other words, if an injury occurs on a job site as a result of the indemnitee, the indemnitor is not held liable. On the other hand, if both the indemnitor and indemnitee are at fault, the indemnitor is held responsible only.
With a Limited Form, the indemnitor is responsible for damage, losses, and liabilities the indemnitor causes and the indemnitee is responsible for the damages, losses, liabilities the indemnitee causes. Where the Broad Form is not concerned with who caused the problem, this provision looks at who caused the accident or loss and holds that party responsible for the damages.
Whenever you enter into a contractual relationship with another party, it is extremely important to be clear and specific in your contract language. The contract language should specifically state that the indemnitor is agreeing to defend, indemnify, and hold harmless the indemnitee. The rest of the contract language should follow suit identifying who the indemnitee is, what liabilities they are being released from, and any other pertinent information that needs to be covered. Getting a legal expert to review your draft and recommend the best provisions is a wise decision.
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.