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What does Indemnity means in a contract?

LouisianaConstruction Contract

13. Indemnity. To the extent allowed by law without penalty of any kind, Owner agrees to indemnify and hold harmless Contractor in the event any claim, demand, suit, right or cause of action is brought, by any person, firm, sub-contractor, or corporation arising out of or related to this Contract. Owner further understands and agrees that, inasmuch as the repair, remodeling, and/or rehabilitation of an existing building or structure requires that certain assumptions be made regarding the conditions then existing in the building or structure, and because these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the building or structure, Owner shall, to the fullest extent provided by law without penalty of any kind, indemnify and hold harmless the Contractor from any claim, liability, or costs (including reasonable attorney’s fees and costs of defense) for any and all damages, economic loss, property damage, bodily injury, mental anguish, and/or any other loss arising or allegedly arising from the work and/or under this Contract, excepting those damages due solely to the fault of Contractor.

3 replies

Sep 19, 2022
this indemnity agreement language shifts the burden of risk from the contractor to the owner. Ex. Owner is agreeing to indemnify (defend and pay for any mistakes or costs that contractor may face) AND hold harmless (not make a claim against contractor) for any types of claims or demands from any other parties involved in the project (including claims that contractor did not pay its subs or suppliers or where contractor caused other subs or vendors to get hurt or injured on the project) relating to this project. It looks to be designed to protect the contractor and stick owner with all of the risks on this project. Most contracts are the other way around. GC indemnifies Owners. Subs indemnifies GC and Owners. etc.
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Apr 10, 2023

Completely agree

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