Express Indemnity and the Anti-Indemnity Statutes

Construction projects are full of risk, involving numerous individuals, large machinery, hazardous chemicals, and, frequently, are relatively open to affect the public at-large.  Damages and liability can be more complicated than simply the one bad actor or actors being held responsible for their own bad acts.  Project participants who were not directly responsible may nonetheless be held liable. However, project participants can attempt to manage and transfer these risks through express indemnity provisions in their construction contracts.

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Kentucky Court Re-affirms The Existence of A Cause of Action For Negligent Breach of Contract

When there is a dispute between two parties, it can be difficult to determine whether the dispute is based on breach of contract or negligence.  Typically, this determination rests on the type of damages claimed.  Damages resulting from personal injury and or damage to property, other than the improvements themselves, are non-economic damages.  Damages to the work itself or ordinary contract damages are considered economic damages.  A plaintiff making a negligence claim resting on economic loss (not personal injury or property damage) can generally not recover.

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