Virginia 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.

Virginia Contractor Indemnification refers to the legal process through which contractors in the state of Virginia protect themselves against financial loss or liability arising from their work. It is a contractual agreement between contractors and the party hiring them, typically the project owner or general contractor. Contractor indemnification clauses, often included in construction contracts or service agreements, aim to allocate risks and responsibilities between the parties involved in a project. These clauses require the contractor to assume liability for certain specified risks, damages, or expenses that may arise during the course of their work. In simpler terms, it places the burden of financial loss or legal consequences on the contractor rather than the party hiring them. There are various types of Virginia Contractor Indemnification clauses, including: 1. Broad Form Indemnity: This type of indemnification is the most comprehensive and places the highest level of responsibility on the contractor. It typically requires the contractor to assume liability for all claims and damages, regardless of fault. These clauses are often heavily negotiated and can significantly impact the contractor's potential exposure to risk. 2. Intermediate Form Indemnity: Intermediate form clauses typically require the contractor to assume liability for their own negligence or fault, while excluding responsibility for claims or damages caused solely by the party hiring them or other third parties. This type of indemnification offers a more balanced approach to risk allocation. 3. Limited Form Indemnity: Limited form clauses restrict the contractor's liability to a specific set of risks or damages. These clauses often define the scope of indemnification and exclude certain types of claims, such as those arising from the party hiring the contractor's negligence. Limited form indemnification can help contractors manage their exposure to risk and limit their financial obligations. It is essential for contractors to carefully review and negotiate the terms of Virginia Contractor Indemnification clauses before entering into contracts. Seeking legal advice to understand the implications and potential consequences of these clauses is highly recommended. Contractors should also ensure they have adequate insurance coverage to protect themselves against the risks involved in their specific line of work.

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FAQ

Section 11-4. of the Virginia Code states that any provision that waives or diminishes a subcontractor's right to claim ?demonstrated costs? executed before the subcontractor performs work is null and void. Arguably, an offset clause ?diminishes? a subcontractor's right to claim demonstrated costs.

As indicated above, the 2023 changes to Section 11-4.6 dictate that project owners include in their construction agreements with their general contractors ?a provision that requires the owner to pay the general contractor within 60 days of receipt of an invoice following satisfactory completion of the portion of work ...

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).

A provision that waives or diminishes a subcontractor's, lower-tier subcontractor's, or material supplier's right to assert payment bond claims or his right to assert claims for demonstrated additional costs in a contract executed prior to providing any labor, services, or materials is null and void.

Virginia's anti-indemnity statute states, in relevant part: ?Any provision contained in any contract relating to the construction, alteration, repair or maintenance of a building ? by which the contractor performing such work purports to indemnify or hold harmless another party to the contract against liability for ...

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.

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.

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Certain indemnification provisions in construction contracts declared void. Any provision contained in any contract relating to the construction, alteration ... Feb 22, 2023 — From this, the Uniwest court concluded that an indemnification provision in a construction contract is void if it requires the indemnitor to ...Oct 23, 2018 — For background, section 11-4.1 of the Virginia Code is sometimes known as the “Anti-Indemnity Statute.” Under 11-4.1, any indemnification ... Aug 11, 2021 — For example, Virginia's anti-indemnity statute for construction and design contracts does not prohibit first-party claims, but simply prohibits ... Apr 30, 2021 — These statutes generally fall into two camps: (i) 16 states permit a party (the “indemnitee”) to be indemnified for its own negligence as long ... Jan 2, 2019 — The contractor is only required to indemnify the owner for the portion of damages that resulted from contractor fault or negligence. The ... It agrees to indemnify and hold harmless the contractor “from any and all claims and liabilities for property damage and personal injury, including death, ... Mar 25, 2019 — Instead, the five-year statute of limitations for breach of written contracts applied to bar the contractor's claims. The Bottom Line. In short, ... Feb 21, 2018 — (a) A contract for medical research or development authorized by 38 U.S.C. 7303, may provide that the Government will indemnify the contractor ... A federal court recently applied a Virginia statute to invalidate an indemnification clause requiring an architecture firm to cover all liabilities relating ...

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Virginia Contractor Indemnification