Indemnification Between Contractor and Subcontractor —
In Florida, there are two general categories of indemnity:
- A common law duty of indemnity where one party is constructively or vicariously liable for the actions of another party;
- A contractual right of indemnity included in the parties agreement.
Generally, a contractor remains liable to the property owner where its subcontractor fails to use due care in performing its scopes of work on a project. Oftentimes, a contractor and subcontractor will attempt to assert liability against one another in the indemnity scenario. These types of disputes often are factually intensive and will be determined on a case-by-case analysis. Typically, contractors hold the upper hand in negotiating subcontractors’ contractual rights and obligations on project. However, contractors must not overextend the indemnity obligations of its subcontractors in certain contractual provisions.
To learn more about indemnification, read the article below!
George W. Gift, III, Esq.
April 26, 2023 Share This