Negotiating indemnity obligations

Client-drafted indemnity obligations are often broad and include defense obligations. Often, clients are unwilling to amend indemnity obligations. If a firm wants to protect itself against the possibility of having to defend its client and paying contractual obligations beyond its professional liability insurance coverage for providing professional services, it may be better off adding a... Continue Reading →

To whom should you extend your indemnity obligations?

It seems that indemnity provisions are increasingly less likely to limit a design professional’s obligation to only the design professional’s client. We regularly review indemnity provisions that include the client’s parent company, affiliates, subsidiaries, successors and assigns, officers, employees, representatives and agents, the project’s owners, a county client, a state client, lenders, contractors, subcontractors, and... Continue Reading →

Providing services in emergency situations

During emergencies, design professionals are often willing to volunteer their services to assist in protecting public health and safety. Prudent design professionals realize that these efforts, whether volunteer or paid, create potential liability. While some states have volunteer protection acts that afford the immunity of the state to licensed designed professionals providing services during emergency... Continue Reading →

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