Almost all contracts between owners, vendors, and service providers include indemnity and additional insured provisions. Such contracts also typically include provisions addressing waivers of subrogation, choice of law, forum selection, and force majeure. Understanding the risk being transferred or assumed by such provisions is critical to effective compliance with contractual obligations. When a loss occurs during the performance of a contract, the risk transfer provisions in the contract, in most instances, govern which party is primarily responsible for responding to the loss.
At Huelat & Mack P.C., our focus is advising our clients on risk management provisions. We have provided advice on hundreds of contracts involving such subjects as construction, vendor services, product purchases, leases, rentals, and more.