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Construction Hold Harmless Agreement Template
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Construction Hold Harmless Agreement Template
This Construction Hold Harmless Agreement (the “Agreement”) is entered into as of [Effective Date] by and between:
Indemnifying Party: [Legal Name], address: [Address] (“Indemnitor”).
Indemnified Party: [Legal Name], address: [Address] (“Indemnitee”).
Project Name/Location: [Project name + address] (the “Project”).
Work Description: [Brief description of work] (the “Work”).
1. Hold Harmless / Indemnity
1.1 To the fullest extent permitted by law, Indemnitor agrees to indemnify, defend (if selected), and hold harmless Indemnitee and its officers, directors, employees, agents, and affiliates from and against claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Work, to the extent caused by:
(a) Indemnitor’s negligence or willful misconduct;
(b) Indemnitor’s breach of contract; or
(c) acts or omissions of Indemnitor’s employees, subcontractors, or agents.
1.2 Duty to Defend (Select One):
☐ Included — Indemnitor will provide a defense with counsel reasonably acceptable to Indemnitee.
☐ Not included — Indemnity applies to Losses after determination/settlement only.
2. Exclusions and Limits
2.1 Indemnitor is not responsible for claims to the extent caused by Indemnitee’s sole negligence or willful misconduct, to the extent prohibited by law.
2.2 Optional additional exclusions: [List].
2.3 Optional liability cap (if permitted): $[Amount] (or “no cap”).
3. Claim Notice and Cooperation
3.1 Indemnitee will provide prompt notice of any claim, but failure to provide prompt notice reduces obligations only to the extent of material prejudice.
3.2 Indemnitor and Indemnitee will cooperate in investigating and defending claims.
4. Insurance Requirements
4.1 Indemnitor will maintain, at its expense:
Commercial general liability: $[__] per occurrence
Workers’ compensation (as required by law)
Auto liability (if vehicles used): $[__]
Umbrella/excess (optional): $[__]
4.2 Indemnitor will provide certificates of insurance upon request and name Indemnitee as an additional insured where applicable and permitted.
5. Compliance and Safety
5.1 Indemnitor will comply with applicable laws, codes, and safety requirements and will maintain a safe jobsite.
6. Term and Survival
6.1 This Agreement is effective on the Effective Date and applies to the Work performed for the Project.
6.2 Indemnity obligations survive completion of the Work to the extent permitted.
7. Governing Law
7.1 This Agreement is governed by the laws of [State/Country].
Signatures
Indemnifying Party: [Legal Name]
Name/Title: [Authorized Signer]
Date: [Date]
Signature: ___________________________
Indemnified Party: [Legal Name]
Name/Title: [Authorized Signer]
Date: [Date]
Signature: ___________________________
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Construction Hold Harmless Agreement Template
CONSTRUCTION HOLD HARMLESS AGREEMENT TEMPLATE FAQ
What is a construction hold harmless agreement?
A Construction Hold Harmless Agreement is a contract where one party agrees to protect (indemnify and hold harmless) another party from certain claims, damages, or losses related to construction work. It is often used between an owner and contractor, contractor and subcontractor, or contractor and property manager.
What does “hold harmless” usually include?
It typically includes indemnification for third-party claims and may include a duty to defend (pay for attorneys). Some jurisdictions restrict certain hold harmless provisions (especially for construction negligence), so the scope should be tailored to local law.
Who commonly signs this?
Common signers include: general contractors, subcontractors, property owners, and sometimes vendors working on-site. This template is flexible and allows you to specify roles.
Should you require insurance?
Yes, insurance is often tied to indemnity. This template includes a section for insurance types and certificate requirements.
What should be included?
Include: project identification, scope of work, indemnity language, exclusions (other party’s negligence), claims procedure, insurance, and governing law. This template includes those essentials in plain language.
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