From the Cashman case to the Builders FirstSource-Southeast Group and beyond, courts have been busy forums in 2025 examining how imprecise or contradictory indemnification language jeopardizes a contract’s enforcement. Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract.
Protecting Against Generic Indemnity Provisions
Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract. While indemnitees often insist on broad indemnity protection, business owners should be aware of, and try to avoid being bound by, generic indemnity provisions which can be contextually overbroad and result in unanticipated enforcement results.

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