A contractor includes an indemnification clause requiring the subcontractor to defend and hold harmless the contractor from any claims arising from the subcontractor's work. This type of clause is:
Correct Answer
B) Generally enforceable if properly written
Indemnification clauses are generally enforceable in Florida construction contracts if properly written and not overly broad. However, they cannot indemnify against the indemnitee's own negligence in many cases.
Why This Is the Correct Answer
Indemnification clauses are generally enforceable in Florida construction contracts when they are properly drafted and not overly broad. Florida law allows parties to contractually shift certain risks and liabilities through indemnification provisions. However, these clauses must be carefully written to comply with statutory limitations, particularly regarding indemnification for the indemnitee's own negligence. The key is that the clause must be reasonable in scope and clearly written to be enforceable.
Why the Other Options Are Wrong
Option A: Valid only on public projects
Florida does not prohibit indemnification clauses entirely. While there are statutory restrictions on certain types of indemnification (particularly those that would indemnify a party for their own negligence), properly written indemnification clauses that shift appropriate risks are generally permitted and enforceable under Florida law.
Option C: Valid only if the subcontractor carries insurance
While insurance is often required and advisable when indemnification clauses are present, the validity of the indemnification clause itself does not depend on whether the subcontractor carries insurance. The clause can be valid and enforceable regardless of insurance coverage, though insurance provides practical protection for the indemnifying party.
Memory Technique
Think 'PROPER' - indemnification clauses are enforceable when PROPERly written, but not when they go beyond PROPERly shifting reasonable risks.
Reference Hint
Florida Statutes Chapter 725 (Construction Contracts) and Chapter 768 (Negligence and Liability)
More Contract Admin Questions
A project experiences a 30-day delay due to unusually severe weather. The contract includes a liquidated damages clause of $1,000 per day for delays. If the weather delay is excusable but not compensable, what liquidated damages apply?
A commercial project requires a total of 12 inspections. The building department charges $85 per inspection for the first 5 inspections, $65 for inspections 6-10, and $45 for any additional inspections. What is the total inspection fee?
What document must be posted at the job site before a Certificate of Occupancy can be issued for a commercial building?
A mixed-use development requires a variance for reduced setbacks. The property is located within 500 feet of a hospital. What additional consideration must be addressed?
A LEED project requires tracking of regional materials. Materials are considered regional if they are extracted, harvested, or recovered, as well as manufactured within what distance of the project site?
An indemnification clause in a construction contract typically requires the contractor to:
A property owner wants to convert a single-family home into a duplex in an area zoned for single-family residential use. The conversion meets all building codes but violates density requirements. What approval is needed?
As-built drawings are typically required to be submitted:
AIA Document A401 is primarily used for:
A general contractor is building a 12,000 square foot commercial warehouse. The building permit fee is calculated at $8.50 per $1,000 of construction value. If the project value is $2,400,000, what is the building permit fee?
People Also Study
Business & Financial Management
120 questions · 70% to pass
Project Management
60 questions · 70% to pass