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Common Subcontract Indemnification Provision Clauses and California Limitations

Understand the different types of indemnity provisions and what the new changes mean for you.

Learn about the differences in types of indemnity provisions typically found in construction contracts. Learn about the benefits and limitations of these different types of indemnity provisions. You will also learn about the limitations on indemnity provisions that are provided by recently enacted California laws. You will also learn about various techniques and strategies for enforcing indemnity provisions in construction contracts.

Runtime: 83 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Indemnity Provisions

  • Indemnity Provisions Usually Require the General Contractor to Reimburse the Owner
  • Indemnity Provisions Between General Contractors and Subcontractors
  • Indemnity Provisions May Impose a Duty to Defend the Indemnified Party

'Type I' Indemnification of a General Contractor by a Subcontractor

  • In California, No Indemnity Permitted for a General Contractor's Active Negligence or Willful Misconduct
  • Previously, Type 1 Provisions Were Enforceable as Long as They Did Not Require Indemnification for Its 'Sole Negligence or Willful Misconduct'

'Type II' Indemnity Agreements, Which Allow a Party to Be Indemnified for Another Party's Passive, as Opposed to Active, Negligence Are Still Legal and Enforceable

Under New and Current California Law Regarding Indemnification:

  • May Not Be Required to Provide an Immediate Defense Upon Tender
  • Indemnity Provisions in Construction Contracts With Public Agencies Entered Into on or After January 1, 2013
  • Indemnity Provisions in Construction Contracts Entered Into on or After January 1, 2013 Indemnification of the Owner
  • Indemnification Provisions in Design Professional Contracts for Public Works
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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Mark D. Johnson

Mark D. Johnson

Snell & Wilmer L.L.P.

  • Partner in the Los Angeles office of Snell & Wilmer L.L.P.
  • Has lead chair experience in more than 20 jury trials, bench trials and arbitrations involving a variety of construction, environmental, land use, real estate and toxic tort issues
  • Regularly conducts seminars, speaks and publishes articles on a variety of construction topics including alternative dispute resolution, damages, delay, surety bond claims and insurance coverage
  • Wrote a chapter entitled “Effective Dispute Resolution Provisions And Strategies To Resolve Construction Disputes During And After The Project,” in “Construction Dispute Resolution”, Aspatore Press, 2013
  • Prior to becoming a lawyer worked as an engineer in the oil industry
  • Member of the American Arbitration Association National Roster of Neutrals
  • J.D. degree, Loyola Law School; B.S. degree in petroleum engineering, University of Southern California
  • Can be contacted at 213-929-2532, [email protected], or https://www.linkedin.com/in/markdjohnsontriallaw
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Product ID: 401163
Published 2017
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