Indemnification is a right to receive reimbursement or to have a claim paid, and in some cases it may also include a defense obligation.
Subcontractors are generally ok with the AIA indemnification language because the highlighted language limits the indemnification obligation to the comparative negligence of the subcontractor. Contractors are generally not ok with the AIA indemnification language, at least in their subcontracts, because most owner contracts include broader indemnification clauses. This video reviews the AIA subcontract indemnification provision and discusses anti-indemnification laws.
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law and litigation section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Part-time instructor of graduate courses in Design and Construction Law and Real Estate Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
- Drafted form construction contracts for the Associated Owners and Developers, a national organization
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Contact information [email protected], [email protected], or (404) 815-3711
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