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Indemnity Agreement (Construction)
"I need a Construction Indemnity Agreement for our apartment complex development project starting March 2025, which involves multiple subcontractors and needs specific provisions for work at heights and crane operations, with particular emphasis on health and safety indemnification."
1. Parties: Identifies and defines all parties to the agreement, including the indemnifier and the indemnitee
2. Background: Sets out the context of the agreement, including reference to the main construction contract and the purpose of the indemnity
3. Definitions: Defines key terms used throughout the agreement, including specific construction-related terminology
4. Scope of Indemnity: Details the specific risks, losses, and circumstances covered by the indemnity
5. Duration of Indemnity: Specifies when the indemnity begins and ends, including any survival provisions
6. Insurance Requirements: Outlines mandatory insurance coverage to support the indemnity obligations
7. Claims Process: Establishes procedures for making and responding to indemnity claims
8. Limitations and Exclusions: Specifies what is not covered by the indemnity and any caps on liability
9. Dispute Resolution: Sets out the process for resolving disputes related to the indemnity
10. General Provisions: Contains standard contract clauses including governing law, notices, and amendment procedures
1. Cross-Indemnification: Used when parties wish to provide reciprocal indemnities to each other
2. Subcontractor Provisions: Include when subcontractors are involved and need to be covered by or excluded from the indemnity
3. Environmental Indemnity: Added when specific environmental risks need to be addressed
4. Intellectual Property Indemnity: Include when construction involves custom designs or proprietary methods
5. Third Party Rights: Used when the indemnity needs to extend to or exclude specific third parties
6. Security Provisions: Include when additional security (bonds, guarantees) is required to support the indemnity
1. Schedule 1 - Identified Risks: Detailed list of specific risks and circumstances covered by the indemnity
2. Schedule 2 - Insurance Requirements: Detailed specifications of required insurance policies, coverage limits, and terms
3. Schedule 3 - Claim Form Template: Standard form for submitting indemnity claims
4. Schedule 4 - Project Details: Specific details of the construction project covered by the indemnity
5. Appendix A - Related Agreements: Copies or references to related construction contracts and agreements
6. Appendix B - Claims Procedures: Detailed procedures and timelines for processing indemnity claims
Authors
Construction
Engineering
Infrastructure
Real Estate Development
Architecture
Building Materials
Project Management
Construction Insurance
Property Development
Civil Engineering
Legal
Risk Management
Project Management
Construction Operations
Commercial
Procurement
Compliance
Health and Safety
Insurance
Claims Management
Contract Administration
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Risk Manager
Insurance Manager
Claims Manager
Commercial Manager
Site Manager
Construction Director
Chief Operating Officer
Procurement Manager
Compliance Officer
Health and Safety Manager
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Indemnity Agreement (Construction)
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