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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 June 01, 2026 at 12:05 AM
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.

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