Answers to So You Think You Know The Law . . .

January 2013

A general contractor is sued by a property owner. The general contractor has an indemnification agreement with its subcontractor on a commercial building project. The general contractor can tender the defense of the claim to the subcontractor and that subcontractor must defend the general contractor, if the subcontract provides for defense and indemnification of the general contractor’s active negligence.

False: Under California Civil Code §2782.05 contracts that purport to obligate a subcontractor to defend and indemnify a general contractor for the general contractor’s active negligence in construction of a commercial property are unenforceable as of January 1, 2013.* *See California Civil Code §2782.05(b) for exclusions to applicability of this section. Should you have any questions regarding contractual indemnity or would like to have us review your contracts to ensure that they do not run afoul of the changes in the law in 2013 please feel free to contact John J. Duffy in our Encino office. Return to Newsletter.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.