A subcontractor agreement includes a clause stating the subcontractor will 'defend, indemnify, and hold harmless' the general contractor from all claims arising from the subcontractor's work. This is an example of what type of indemnification?
Correct Answer
A) Broad form indemnification
Broad form indemnification requires the indemnitor to protect the indemnitee from all claims arising from the indemnitor's work, regardless of who is at fault. This is the most comprehensive form of indemnification.
Why This Is the Correct Answer
Broad form indemnification is the most comprehensive type where the subcontractor agrees to defend, indemnify, and hold harmless the general contractor from ALL claims arising from the subcontractor's work, regardless of fault or negligence. The phrase 'all claims arising from the subcontractor's work' without any limitations or exceptions clearly indicates this is broad form indemnification, providing maximum protection to the general contractor.
Why the Other Options Are Wrong
Option B: Limited indemnification
Limited indemnification only covers claims arising from the subcontractor's sole negligence or specific enumerated acts. It includes limitations and exceptions, unlike the broad language in this clause that covers 'all claims' without restrictions or fault requirements.
Option C: Comparative indemnification
Comparative indemnification allocates responsibility based on each party's degree of fault or negligence. This clause doesn't mention fault allocation or comparative responsibility - it places full indemnification burden on the subcontractor regardless of fault distribution.
Option D: Intermediate form indemnification
Intermediate form indemnification covers claims arising from the subcontractor's negligence but may exclude situations where the general contractor is solely at fault. This clause has no such exclusions and covers all claims without fault considerations.
Memory Technique
Remember 'BROAD = ALL ABOARD' - Broad form indemnification covers ALL claims, like everyone getting aboard a ship regardless of their ticket class or fault.
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