Contractual Indemnification

Pinnacle can assist you in developing, reviewing, editing and negotiating the sections within a contract pertaining to hold-harmless provisions and insurance-related sections dealing with insurance requirements to be imposed, evidence of insurance compliance, waiver of subrogation and requested limits of insurance, among other areas.

Pinnacle regularly advises clients to develop contractual language that is both fair and reasonable, and recommends transferring risk to the counter-party, when appropriate, and assuming responsibility when reasonable.

Anyone entering into a contract with a third party knows the most troublesome provisions of a contract are the sections dealing with hold-harmless clauses and insurance requirements. The question of apportioning, or transferring, liability among the parties for injury or damage by a hold-harmless provision has been tested adequately in the courts and, by and large, has been upheld as representing the contractual intent of the parties to the contract. In addition, it can be difficult to know what types of insurance should be required and what is an appropriate limit.