Public and private construction contracts.

• Author: Padgett, Stanley T.
• Position: Letters

The article, "Contractual Indemnity in Construction for Your Negligence--What Year is It?" (July/August) requires clarification. The 2001 version of F.S. [section] 725.06 applicable from July 1, 2001, to the present creates a clear distinction between private and public construction projects. For purposes of clarity and consistency, the party giving the indemnity agreement will be a subcontractor.

In private construction contracts, a subcontractor can be required to indemnify the general contractor for the subcontractor's negligence and for the general contractor's negligence if a series of conditions are met. Those conditions include 1) the contract contains a monetary limitation on the extent of indemnification that bears a reasonable commercial relationship to the contract; and 2) it is included in the project specifications or bid documents, if any. The subcontractor cannot be required to indemnify anyone other than the general contractor, and may not be required to indemnify anyone other than for his own acts and those of the general contractor.

In Florida, general contractors often seek to require that their subcontractors indemnify them for the negligence of the architect, owner, engineer, and the general contractor. Section 725.06(1) prohibits that practice, and allows indemnity only for the wrongful acts of the subcontractor and its lower tier subcontractors, and for the...