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One of the most important provisions in construction contracts is the indemnification provision. Appreciating contractual indemnification obligations are critical and certainly should not be overlooked. Ever! Florida Statute s. 725.06 (written about here and here) contains a limitation on contractual indemnification provisions for personal injury or property damage in construction contracts.
… such contract provision is void as against public policy of this state. The key to this contractual indemnification limitation on public projects is the bolded language “to the extent caused by….” This language is comparative fault language meaning the indemnitor (party giving indemnification) is only responsible for indemnifying the indemnitee…
… of a Release in a Settlement and Contractual Indemnification; and Buttoning-Up Contractual Indemnification Language. Although not a construction case, the opinion in ATC Logistics Corporation v. Southeast Toyota Distributors, LLC, 41 Fla. L. Weekly D816b (Fla. 1st DCA 2016), demonstrates the importance of drafting clear indemnification language…