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TLC is a small casework company. We have installed relatively small amounts of casework ($20K) and have been asked to provide $10 M insurance and sign contracts that ask for huge damages. Take it or leave it clauses really force us into a corner. Love to see the Arizona law that requies subs to be paid in 30 days go national. JE

C.A.P. is a design/build company in NYC. More and more our construction affiliate is being asked to sign indemnification clauses as a requirement to work. Sometimes these clauses include language that would have us indemnify the owner/manager even if they contributed to the negligence.

Whenever possible, we remove that language from the indemnification and limit the extent of the indemnification to the amount covered by insurance.

A.I. is a heavy civil construction company. Whenever possible, we limit our exposure under indemnity clauses to insured claims only ie: bodily injury/property damage claims that arise out of our work. If additional insured coverage is required we negotiate the extent of negligence to exclude the sole negligence of the indemnitees.

The Florida law makes a lot of sense. What's even better is for each part to pay, according to the extent of their own negligence. I've seen contracts "imposed" by large GC's on small (sometimes very small) subs, where the sub has to totally indemnify the large GC against any claim, unless the GC is shown to be SOLELY negligent- which is going to be almost never. Often the sub is not sophisticated enough to pick up on this subtle, but crucial language.

Be a small sub we have come into a lot of contracts that have this very language, with no real way of going around this. We are required to carry insurance that is way above our abilities at times. Alot of times the GC takes control of the mater knowing well that we are not afford an opportunity to be exempt.

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With competition being so fierce these days, small subs don't really have enough leverage to force changes to unfair indemnification language.

The tradition has been over. Now every construction agency try to follow others.

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