SDV’s Gregory Podolak and Brian Rice of RailWorks co-authored a new article for Under Construction: The Newsletter of the ABA Forum on Construction Law…
The construction industry customarily relies on contractual indemnity and additional insured coverage to transfer risk between upstream parties (owners and prime contractors) to downstream parties (subcontractors and suppliers). But the interplay between these two legally distinct avenues of risk transfer has become subtle and complex. Today’s construction counsel must be knowledgeable about the limitations of contractual indemnification and the strategic importance of risk transfer through insurance in order to ensure intended risk transfer on behalf of counsel’s
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