Indemnity and hold harmless clauses

Discussion in 'Bidding, Estimating and Pricing' started by Oxmow, Jun 13, 2019.

  1. Mudly

    Mudly LawnSite Senior Member
    Messages: 547

    Yes
     
  2. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Messages: 18,758

    K
     
  3. Matthews Lawn Care

    Matthews Lawn Care LawnSite Silver Member
    Messages: 2,617

    I would be liable as long as they are willing to be held liable as well.

    What I’m getting at is when they put “hold harmless” into their agreement, I make sure to add a “hold harmless” for the contractor as well. If one of their jackwad employees does something stupid to damage my equipment or skews the results of the project, why should I hold them harmless?

    It’s not about limiting my liability, it’s about playing by the same rules.
     
  4. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Messages: 18,758

    Gotcha
     
    Walker56 likes this.
  5. OP
    OP
    Oxmow

    Oxmow LawnSite Bronze Member
    Messages: 1,065

    Here is what one of the commercial landscape contracts has in it:

    Indemnity: Subcontractor shall to the full extent permitted by law indemnify and hold harmless Owner and Contractor from all claims and damages asserted by third parties including, without limitation, Subcontractor's employees and/or sub-subcontractors' employees, including, but not limited to, claims for attorney's fees, bodily injury, sickness, disease, death, fines, penalties, assessments, or destruction of tangible property, regardless of whether any such claims or damages may have been caused whole or in part by acts, omissions or negligence of Owner or Contractor.

    This is what I was talking about when I said it holds them harmless even when it's their fault.(The underline is mine)

    So let's say that the site supervisor moves his camper trailer out of the site and pulls his waste hose out of the manhole that's next to the trailer and leaves it open. Then one of my guys falls into the hole, bangs his head, and dies. According to this, I can't sue them.
     
    Last edited: Jun 19, 2019
    Mark Oomkes likes this.
  6. Mudly

    Mudly LawnSite Senior Member
    Messages: 547

    It does say fullest extent of the law. Find a state that doesn't require barriers and youre in trouble.
     
  7. m_ice

    m_ice LawnSite Member
    from IL
    Messages: 212

    So...a COI with your coverage and your net worth so they know how much they can squeeze out of you if it does hit the fan???

    I don't think anyone on this site has the juice to decide how much they will pay out for negligence.

    These are in every industry not just ours. It's why I carry more than sufficient insurance, practice and preach best practices, and don't compromise on anything safety related.
     
    Mark Oomkes likes this.
  8. OP
    OP
    Oxmow

    Oxmow LawnSite Bronze Member
    Messages: 1,065

    I’ve never skimped on liability ins. Spent a lot of money over the years, and thankfully never had to use it for an at fault accident. Just for getting reimbursed when my enclosed trailer got stolen in 2014.
     
    Matthews Lawn Care likes this.
  9. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Messages: 18,758

    Sometimes I wonder if my $4 million is enough.
     
    m_ice, JLSLLC and Mudly like this.
  10. m_ice

    m_ice LawnSite Member
    from IL
    Messages: 212

    If you eat up all of the $4M you have bigger problems
     

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