Indemnity clauses in design and construction contracts - Revision history

Editor at 12:57, 23 June 2021

2021-06-23T12:57:45Z

← Older revision		Revision as of 12:57, 23 June 2021
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	* Legal indemnity insurance.		* Legal indemnity insurance.
	* Professional indemnity insurance.		* Professional indemnity insurance.
		+	* Professional indemnity insurance in construction.
	* Run-off cover.		* Run-off cover.
	* Surety.		* Surety.

	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]		[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 10:01, 18 September 2020

2020-09-18T10:01:36Z

← Older revision		Revision as of 10:01, 18 September 2020
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−	~~To help develop this article, click ‘Edit this article’ above.~~
−
−	~~-----~~
	An indemnity clause in a contract allocates risk for claims or for loss or damage between the parties to the contract, so that if one party suffers a loss, the other party will reimburse them. Indemnities are primary obligations that remain even if the contract is set aside.		An indemnity clause in a contract allocates risk for claims or for loss or damage between the parties to the contract, so that if one party suffers a loss, the other party will reimburse them. Indemnities are primary obligations that remain even if the contract is set aside.

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	* Surety.		* Surety.

−	[[Category:Articles_needing_more_work]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Editor at 17:54, 24 July 2019

2019-07-24T17:54:22Z

← Older revision		Revision as of 17:54, 24 July 2019
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	Because of these differences, and in order to accurately define the extent of losses covered, indemnity clauses require very precise drafting, and due to complex case law they are becoming increasingly detailed. It is important therefore that the parties to a contract read indemnity clauses carefully and fully understand the obligation they are agreeing to.		Because of these differences, and in order to accurately define the extent of losses covered, indemnity clauses require very precise drafting, and due to complex case law they are becoming increasingly detailed. It is important therefore that the parties to a contract read indemnity clauses carefully and fully understand the obligation they are agreeing to.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Appointing consultants.		* Appointing consultants.
		+	* Bondsman.
	* Construction contract.		* Construction contract.
	* Hold harmless agreement.		* Hold harmless agreement.

Editor at 16:07, 19 July 2018

2018-07-19T16:07:43Z

← Older revision		Revision as of 16:07, 19 July 2018
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	Indemnity clauses are commonly used on construction projects to allocate risk between; the client and contractor, the client and consultants or the contractor and sub-contractors. In complex contracting situations indemnity clauses may run throughout the contractual chain.		Indemnity clauses are commonly used on construction projects to allocate risk between; the client and contractor, the client and consultants or the contractor and sub-contractors. In complex contracting situations indemnity clauses may run throughout the contractual chain.

−	Construction contracts may for example include a clause requiring the contractor to indemnify the client against expense, liability, loss or claim in respect of personal injury or death of any person arising out of the works. Or they may require the contractor to indemnify the client against breaches of contract such as non-payment of statutory fees. In addition, designers appointment agreements may include an indemnity in respect of claims for breach of professional duty.	+	Construction contracts may, for example, include a clause requiring the contractor to indemnify the client against expense, liability, loss or claim in respect of personal injury or death of any person arising out of the works. Or they may require the contractor to indemnify the client against breaches of contract such as non-payment of statutory fees. In addition, designers appointment agreements may include an indemnity in respect of claims for breach of professional duty.

	Typically, designers are required to hold professional indemnity insurance to cover such a liability and this requirement is now increasingly asked of contractors with design responsibilities. (See Legal indemnities for a list of other situations where insurance can indemnify against losses).		Typically, designers are required to hold professional indemnity insurance to cover such a liability and this requirement is now increasingly asked of contractors with design responsibilities. (See Legal indemnities for a list of other situations where insurance can indemnify against losses).
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	* Appointing consultants.		* Appointing consultants.
	* Construction contract.		* Construction contract.
		+	* Hold harmless agreement.
	* Indemnity to principals.		* Indemnity to principals.
	* Insurance.		* Insurance.

Editor at 17:46, 15 December 2017

2017-12-15T17:46:00Z

← Older revision		Revision as of 17:46, 15 December 2017
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	Indemnity clauses are commonly used on construction projects to allocate risk between; the client and contractor, the client and consultants or the contractor and sub-contractors. In complex contracting situations indemnity clauses may run throughout the contractual chain.		Indemnity clauses are commonly used on construction projects to allocate risk between; the client and contractor, the client and consultants or the contractor and sub-contractors. In complex contracting situations indemnity clauses may run throughout the contractual chain.

−	Construction contracts may for example include a clause requiring the contractor to indemnify the client against expense, liability, loss or claim in respect of personal injury or death of any person arising out of the works. Or they may require the contractor to indemnify the client against breaches of contract such as non-payment of statutory fees. In addition, designers appointment agreements may include an indemnity in respect of claims for breach of professional duty. Typically designers are required to hold professional indemnity insurance to cover such a liability and this requirement is now increasingly asked of contractors with design responsibilities. (NB See ~~also~~ Legal indemnities for a list of other situations where insurance can indemnify against losses).	+	Construction contracts may for example include a clause requiring the contractor to indemnify the client against expense, liability, loss or claim in respect of personal injury or death of any person arising out of the works. Or they may require the contractor to indemnify the client against breaches of contract such as non-payment of statutory fees. In addition, designers appointment agreements may include an indemnity in respect of claims for breach of professional duty.
		+
		+	Typically, designers are required to hold professional indemnity insurance to cover such a liability and this requirement is now increasingly asked of contractors with design responsibilities. (See Legal indemnities for a list of other situations where insurance can indemnify against losses).

	Performance bonds and parent company guarantees may also include indemnity clauses requiring the surety to indemnify the client against default by the contractor.		Performance bonds and parent company guarantees may also include indemnity clauses requiring the surety to indemnify the client against default by the contractor.
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	* Indemnity to principals.		* Indemnity to principals.
	* Insurance.		* Insurance.
−	* Legal indemnities ~~- for a list of other situations where insurance can indemnify against losses~~.	+	* Legal indemnities.
	* Legal indemnity insurance.		* Legal indemnity insurance.
	* Professional indemnity insurance.		* Professional indemnity insurance.
		+	* Run-off cover.
	* Surety.		* Surety.

	[[Category:Articles_needing_more_work]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]		[[Category:Articles_needing_more_work]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Editor at 15:23, 6 January 2017

2017-01-06T15:23:39Z

← Older revision		Revision as of 15:23, 6 January 2017
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−
	To help develop this article, click ‘Edit this article’ above.		To help develop this article, click ‘Edit this article’ above.

−	----	+	-----
−		+
	An indemnity clause in a contract allocates risk for claims or for loss or damage between the parties to the contract, so that if one party suffers a loss, the other party will reimburse them. Indemnities are primary obligations that remain even if the contract is set aside.		An indemnity clause in a contract allocates risk for claims or for loss or damage between the parties to the contract, so that if one party suffers a loss, the other party will reimburse them. Indemnities are primary obligations that remain even if the contract is set aside.

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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Appointing consultants.
−	*Construction contract.
−	*Indemnity to principals.
−	*Insurance.
−	*Legal indemnities - for a list of other situations where insurance can indemnify against losses.
−	*Legal indemnity insurance.
−	*Professional indemnity insurance.

−	[[Category:Articles_needing_more_work]]	+	* Appointing consultants.
−	[[Category:Appointments]]	+	* Construction contract.
−	[[Category:Contracts_/_payment]]	+	* Indemnity to principals.
−	[[Category:Procurement]]	+	* Insurance.
		+	* Legal indemnities - for a list of other situations where insurance can indemnify against losses.
		+	* Legal indemnity insurance.
		+	* Professional indemnity insurance.
		+	* Surety.
		+
		+	[[Category:Articles_needing_more_work]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

31.54.0.216 at 13:55, 8 July 2015

2015-07-08T13:55:21Z

← Older revision		Revision as of 13:55, 8 July 2015
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*~~Appointment~~.	+	*Appointing consultants.
−	*~~Contract~~.	+	*Construction contract.
	*Indemnity to principals.		*Indemnity to principals.
	*Insurance.		*Insurance.
	*Legal indemnities - for a list of other situations where insurance can indemnify against losses.		*Legal indemnities - for a list of other situations where insurance can indemnify against losses.
		+	*Legal indemnity insurance.
	*Professional indemnity insurance.		*Professional indemnity insurance.

Designing Buildings at 08:18, 12 September 2014

2014-09-12T08:18:21Z

← Older revision		Revision as of 08:18, 12 September 2014
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	*Appointment.		*Appointment.
	*Contract.		*Contract.
		+	*Indemnity to principals.
		+	*Insurance.
	*Legal indemnities - for a list of other situations where insurance can indemnify against losses.		*Legal indemnities - for a list of other situations where insurance can indemnify against losses.
	*Professional indemnity insurance.		*Professional indemnity insurance.

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]
−	~~[[Category:Contracts_/_payment]]~~
	[[Category:Appointments]]		[[Category:Appointments]]
		+	[[Category:Contracts_/_payment]]
	[[Category:Procurement]]		[[Category:Procurement]]

Designing Buildings: moved Indemnity to Indemnity clauses in design and construction contracts

2014-03-27T08:22:21Z

moved Indemnity to Indemnity clauses in design and construction contracts

← Older revision

Revision as of 08:22, 27 March 2014

Designing Buildings at 11:11, 29 November 2013

2013-11-29T11:11:31Z

← Older revision		Revision as of 11:11, 29 November 2013
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	*Professional indemnity insurance.		*Professional indemnity insurance.

		+	[[Category:Articles_needing_more_work]]
	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
	[[Category:Appointments]]		[[Category:Appointments]]
	[[Category:Procurement]]		[[Category:Procurement]]