Section 18 Indemnity

• Library: Prof Liability 2005

Contracts applicable to construction projects often contain provisions on indemnification. One strategy in the defense of design professionals is to identify any indemnity provision that may provide protection to the design professional; then a tender of defense can be made to the indemnitor or a demand can be made to indemnify and hold harmless the architect or the engineer. But indemnity provisions are often unenforceable because they do not meet the requirement under Missouri law that they be “clear and unequivocal.” An indemnification clause in a contract will not be construed to indemnify one against loss or damage resulting from that person’s own negligent acts unless such an intention is expressed in clear and unequivocal terms. SeeNushaum v. City of Kansas City, 100 S.W.3d 101 (Mo. banc 2003); Parks v. Union Carbide Corp., 602 S.W.2d 188 (Mo. banc 1980). Courts have held that, if the indemnity clause is not conspicuous—if it is set out along with several other numbered paragraphs in the same typeface and not highlighted in any way—it is not enforceable. Economy Forms Corp. v. J.S. Alberici Constr. Co....