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R-21 · Tier 3 · Liability and insurance

Indemnity Beyond Comparative Fault

Indemnity extends beyond Subcontractor's proportionate fault or covers Contractor negligence.

What MillworkShield looks for

This is the business risk behind the clause.

Risk

Sub becomes insurer for GC negligence, even where state law later voids part of the clause.

Cleaner ask

Limit indemnity to Subcontractor's own negligence or breach and proportionate fault.

Reference context

AIA A201 §3.18 limits indemnity to the sub's fault; TX Insurance Code §151.102 limits broad indemnity.

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indemnifyhold harmlessdefendarising out of

Related guide

Indemnity: do not pay for claims your shop did not cause

Can we narrow indemnity so our shop stands behind its own work and mistakes, but does not insure the GC or other parties for risks we did not cause?

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