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.
North Carolina Contractor Indemnification
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Multi-State
Control #:
US-CGMCA-19
Format:
Word;
Rich Text
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FAQ
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).
Generally, the company is separate from the IC because there is a special relationship that exists which distances the business from this person legally. However, certain exceptions can make the company responsible for the actions of the IC because of various interactions.
Indemnity being a 'hold harmless' agreement This clause absolves the manufacturing company of losses in case one of the contractor's personnel gets injured while using the crane. The contractor here indemnifies the manufacturer.
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.
Many clients insist on unilateral indemnification clauses, basically putting all potential liability solely on a contractor's shoulders. The latter should insist on a mutual indemnification clause, where both parties are responsible for liabilities that arise out of their own fault.
North Carolina's anti-indemnity statute declares that any provision in a construction or design professional contract that requires a party (promisor) to indemnify another (promisee) for the promisee's or its derivative parties' own negligence, whether in whole or in part, is against public policy, void, and ...
Company shall indemnify, defend and hold Consultant harmless from and against any and all third party claims, liability, suits, losses, damages and judgments, joint or several, and shall pay all reasonable costs and expenses (including counsel's fees and expenses) as they are incurred in connection with the ...
