Indemnification Clauses In Construction Contracts: Who Is Liable When Something Goes Wrong?

When a construction dispute arises, one question almost always comes to the forefront: who ultimately bears the financial risk if something goes wrong? For owners, contractors, and subcontractors alike, the answer often turns on a single contractual provision: indemnification. This article examines the principal types of indemnification clauses, the duties they create and how courts interpret them.

6 minute read May 31, 2026 at 11:05 PM
By
Veronica Morrison and Colin Butler
Indemnification Clauses In Construction Contracts: Who Is Liable When Something Goes Wrong?

When a construction dispute arises, one question almost always comes to the forefront: who ultimately bears the financial risk if something goes wrong? For owners, contractors, and subcontractors alike, the answer often turns on a single contractual provision: indemnification.

This premium content is locked for New York Real Estate Law Reporter subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN New York Real Estate Law Reporter

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Law firms are shifting toward financing strategies that allow them to invest in growth while increasing flexibility, liquidity and long-term planning discipline. The conversation is no longer simply about acquiring equipment. It is about building a financial structure that supports continuous operational growth.

July 02, 2026

Why advanced AI will change legal practice without making lawyers obsolete.The future value of lawyers will come less from generating first drafts and more from knowing how to choose, feed, test and deploy professional systems in a way that serves the client’s strategy.

June 30, 2026

Companies are no longer judging leaders on what they have already done. They are judging them on whether they can lead what is coming next. And what is coming next demands exactly the quality that defined the Oregon Trail generation: the ability to navigate genuine transformation, not just manage through disruption.

June 30, 2026