Different Types Of Indemnity And Their Relative Enforceability In Construction Litigation

Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context?

Indemnification is a means to shift the risk to some other party, regardless of who is at fault, such that one party, the indemnitor, is required to pay for the damages and costs incurred by another party, the indemnitee. You will often see indemnification clauses in contracts between project owners and general contractors, general contractors and subcontractors, and even owners and subcontractors via flow-down provisions in subcontracts.