Minnesota Contractor Indemnification

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Multi-State
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US-CGMCA-19
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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.

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FAQ

Minnesota's anti-indemnity statute, first enacted in 1984, makes unenforceable indemnification agreements in construction contracts except to the extent that the underlying claim is attributable to the negligent or wrongful act of the party providing the indemnity (or that party's contractors, agent, or employees).

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).

Minnesota's anti-indemnity statute, first enacted in 1984, makes unenforceable indemnification agreements in construction contracts except to the extent that the underlying claim is attributable to the negligent or wrongful act of the party providing the indemnity (or that party's contractors, agent, or employees).

The rule of indemnity, or the indemnity principle, says that an insurance policy should not confer a benefit that is greater in value than the loss suffered by the insured. Indemnities and insurance both guard against financial losses and aim to restore a party to the financial status held before an event occurred.

?Hold harmless,? in turn, means to ?absolve (another party) from any responsibility for damage or other liability arising from the transaction.? Id.

What is indemnification? 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) A provision contained in, or executed in connection with, a design professional services contract is void and unenforceable to the extent it attempts to require an indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against liability for loss or damage resulting from the negligence or ...

?Indemnification agreement? means an agreement by the promisor to indemnify, defend, or hold harmless the promisee against liability or claims of liability for damages arising out of bodily injury to persons or out of physical damage to tangible or real property. Id.

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Minnesota Contractor Indemnification