Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach of the construction agreement.  This last is likely at the end of a long list of horrors from death to property damage.  Further, that clause will likely have the damages include attorney fees, costs, and anything else the drafter of the contract could think of. Continue Reading