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Construction Indemnification Agreement
"I need a Construction Indemnification Agreement for a high-rise residential development project in Manila, with specific focus on environmental risks and third-party claims, where our company is the general contractor working with multiple subcontractors starting March 2025."
1. Parties: Identifies and defines the parties to the agreement, including the Indemnitor (typically the contractor) and Indemnitee (typically the project owner)
2. Background: Describes the context of the agreement, including reference to the main construction contract and the purpose of the indemnification arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', and other relevant terms
4. Scope of Indemnification: Details the specific risks, losses, and circumstances covered by the indemnification obligation
5. Indemnification Obligations: Specifies the duties of the Indemnitor to defend, indemnify, and hold harmless the Indemnitee
6. Insurance Requirements: Outlines required insurance coverage to support indemnification obligations
7. Notice and Claims Procedure: Establishes the process for notifying parties of claims and the procedure for handling indemnification claims
8. Duration and Survival: Specifies how long the indemnification obligations remain in effect
9. Governing Law and Jurisdiction: Establishes Philippine law as governing law and specifies jurisdiction for dispute resolution
10. General Provisions: Standard contractual provisions including amendments, severability, and entire agreement clauses
1. Third Party Claims: Detailed procedures for handling third party claims - include when project involves significant public interface or multiple stakeholders
2. Environmental Indemnification: Specific provisions for environmental damage or liability - include for projects with significant environmental risks
3. Intellectual Property Indemnification: Provisions covering IP infringement claims - include when project involves proprietary designs or technology
4. Cross-Indemnification: Mutual indemnification provisions - include when both parties have significant risks to protect against
5. Limitation of Liability: Caps or restrictions on indemnification obligations - include for large-scale projects or when negotiated by parties
6. Alternative Dispute Resolution: Specific procedures for resolving indemnification disputes - include when parties prefer alternative to court litigation
1. Schedule A - Scope of Work: Detailed description of construction work covered by the indemnification
2. Schedule B - Insurance Requirements: Specific insurance types, coverage limits, and requirements
3. Schedule C - Indemnified Parties: List of additional parties covered by the indemnification (e.g., affiliates, directors, employees)
4. Schedule D - Excluded Claims: Specific exclusions from the indemnification scope
5. Appendix 1 - Notice Forms: Template forms for claim notifications and related communications
6. Appendix 2 - Claims Procedures: Detailed procedures for processing and handling indemnification claims
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Public Works
Energy Construction
Transportation Infrastructure
Healthcare Facilities
Legal
Risk Management
Construction Management
Project Management
Operations
Compliance
Insurance
Finance
Executive Leadership
Contracts Administration
Construction Project Manager
Legal Counsel
Risk Manager
Contract Administrator
Construction Site Supervisor
Chief Executive Officer
Chief Financial Officer
Insurance Manager
Compliance Officer
Project Director
Construction Manager
Operations Director
Development Manager
General Counsel
Claims Manager
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