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What are the indemnity clauses in a consulting contract?
The contract also contained the following broad indemnity clause: “The Consultant shall indemnify the Client against all losses, damages, claims and expenses arising as a result of any act, omission or default in the services provided by the Consultant.”
How is the effect of indemnity clauses mitigated?
One way the effect of the indemnity could have been mitigated would have been to restrict its application to a defined period (a maximum of 6 years in this case) from completion of the services or practical completion of the project.
How are attorney fees recoverable in indemnity cases?
Where there is express indemnity provision, attorney fees and expenses are recoverable from indemnitor unless contract provides to contrary. That judgment is entered in favor of third party against indemnitee is not conclusive on indemnitor unless notice and opportunity to defend is given.
What are the distinguishing features of indemnity cases?
Distinguishing feature of indemnity is that it must necessarily grow out of contract relationship. 1979 Southern Ry. v. Arlen Realty, 220 Va. 291, 257 S.E.2d 841. Where there is express indemnity provision, attorney fees and expenses are recoverable from indemnitor unless contract provides to contrary.
Last Update: Oct 2021
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