On February 22, 2020, Leah Rochwarg and Wendy Wendrowski will participate as panelists in a program at the American Society of Civil Engineer’s Construction Institute Summit regarding a design professional’s obligation to indemnify its client (to compensate its client for losses sustained because of the design professional’s acts or omissions). While many design contracts include an obligation for the design professional to indemnify and hold its client harmless from such losses, it is less common for a design contract to include an explicit obligation for the design professional to defend its client (to pay up front the client’s costs to defend against an action to recover such losses). The panel discussion will focus on different states’ rules of interpretation regarding the issue of whether an indemnity provision that does not expressly include a duty to defend nonetheless implicitly includes such an obligation.
Find more information about the Construction Institute Summit on the American Society of Civil Engineer’s website.