• 8 minutes

Duties to Defend and Indemnify: Contract Provisions


What is the importance of an indemnification provision?

Subcontractors are often faced with various contract clauses throughout the stages of a project and questions may come up regarding responsibility of the project. Indemnification provisions in the contract will pass on liability or responsibility for a claim brought by a third party to the contracting party who is responsible for the harm. This video reviews considerations during contract negotiations to compare scope of indemnity and defense obligations against insurance policies and discusses when an insurer has a duty to defend of professional services provider.

Runtime: 8 minutes



Lisa Lombardo

Lisa Lombardo

Gibbons P.C.

  • Director in the Gibbons P.C. Commercial & Criminal Litigation Department and Construction Team Leader
  • Has successfully litigated matters before the state and federal courts of New Jersey and New York, as well as the American Arbitration Association, with a focus on construction matters
  • Her experience in commercial litigation and construction litigation is unique in that she represents both plaintiffs and defendants
  • Served as co-lead counsel in a three-year-long arbitration representing a major university in a claim involving extensive and complex design and construction defects, which resulted in a multimillion-dollar award in our client’s favor and the arbitrator striking down a limitation of liability clause
  • Experience drafting and negotiating contracts, and regularly works with owners, contractors, subcontractors, and designers on contracts for projects involving academic centers, public schools, laboratory facilities, office buildings, energy facilities, public/private projects, and building additions of varying sizes
  • On the American Arbitration Association Panel of Construction Arbitrators, a member of the Roster of Mediators, and the New Jersey Superior Court Roster of Mediators, where she has mediated a variety of civil matters
  • Can be contacted at [email protected] or 973-596-4500 ext. 4481
Meghal Shah

Meghal Shah

Gibbons P.C.

  • Associate in the Gibbons P.C. Commercial & Criminal Litigation Department
  • Has assisted in briefing and preparing presentation, slides and materials to a Dispute Resolution Board regarding complex construction delay claims and has experience in drafting arbitration submissions regarding type 1 and type 2 differing site conditions
  • She has also assisted with drafting project-specific construction agreements
  • Completed a judicial clerkship at the Supreme Court of New Jersey for the Honorable Anne M. Patterson
  • Can be contacted at 973-596-4717 or [email protected]

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