This is a Contractor Indemnification form, to be used across the United States. It is used to protect yourself against lawsuits by a Contractor's Employees.
Indiana Contractor Indemnification
Category:
State:
Multi-State
Control #:
US-CGMCA-19
Format:
Word;
Rich Text
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How to fill out Contractor Indemnification?
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FAQ
Under Indiana law, ?[a]n indemnity agreement involves a promise by one party (the indemnitor) to reimburse another party (the indemnitee) for the indemnitee's loss, damage, or liability.?[1] Despite this relatively simple definition, indemnification provisions in contracts are often referred to as ?gotcha? provisions, ...
The right to indemnification may be implied by obligation of law in vicarious liability situations or created by express contract. Implied (or common law) indemnification exists where ?the law imposes liability on a party who has committed no actual wrong but who is held responsible for a loss ... ?
Indemnification, also referred to as indemnity, is an undertaking by one party (the indemnifying party) to compensate the other party (the indemnified party) for certain costs and expenses, typically stemming from third-party claims.
A contractor's right to seek indemnification from a subcontractor is subject to the following limitations: The contractor must be entirely without fault. The contractor must have an obligation to pay someone else because of some type of derivative or vicarious liability for the actions of the subcontractor.
Thus, it is critical for every contractor to understand the meaning of indemnification before executing a contract. An indemnification provision is a contractual provision under which one party (the indemnitor) agrees to assume liability for the losses incurred by another party (the indemnitee).
While one party may not have been 100% ?at fault? or ?solely negligent? for an injury, if the claim arose out of one of these ?nondelegable duties?, Indiana's Anti-Indemnity Statute would void any indemnity agreement that attempted to shift that burden onto another party.
In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party's actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
Indiana Code §26-2-5-1 provides that any provision in a construction or design contract which purports to indemnify the indemnitee against liability for (1) death or bodily injury to persons; (2) injury to property; or (3) design defects; from the sole negligence or willful misconduct of the promise, is against public ...