ASA Introduces ‘Mastering Hold Harmless Clauses’ White Paper

Subcontractors are vulnerable to paying large amounts of money for the negligence of others—both on contracts directly with owners, as well as those with prime contractors. Almost all construction contracts include indemnity provisions. Some of these terms represent an equitable allocation of responsibility among the members of the construction team for their negligence. Too often, though, the subcontract makes a subcontractor responsible for the costs of job-related injuries or damages over which it has no control. ASA’s newest white paper, Mastering Hold Harmless Clauses, explains in layman’s terms, how a subcontractor can use subcontract language to minimize exposure to losses beyond the extent of its own negligence. Along the way, it reviews the types of indemnity clauses, provides samples of each, and gives tips on how a subcontractor can respond to typical unfair language. The white paper is a no-cost member benefit available under Insurance and Risk Management in the Member Resources section of the ASA Web site.