Bronx New York Contractor Indemnification

Name: Bronx New York Contractor Indemnification
Brand: US Legal Forms
Rating: 4.87 (210 reviews)

Category:

Real Estate - Community Associations

State:

Multi-State

County:

Bronx

Control #:

US-CGMCA-19

Format:

Instant download

Description

This is a Contractor Indemnification form, to be used across the United States. It is used to protect yourself against lawsuits by a Contractor's Employees.

How to fill out Bronx New York Contractor Indemnification?

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FAQ

In essence, the Court held that common-law indemnity allows a party who had to pay for the wrong of another to recover from the wrongdoer the damages it paid to the injured party. Importantly, the party seeking indemnity must not have committed actual wrongdoing itself. Also, the party seeking to be indemnified

In order to be entitled to common law indemnification (in the Labor Law context), a party must show (1) that it has been held vicariously liable without proof of any negligence or actual supervision on its part; and (2) that the proposed indemnitor was either negligent or exercised actual supervision or control over

The rule of indemnity, or the indemnity principle, says that an insurance policy should not confer a benefit that is greater in value than the loss suffered by the insured. Indemnities and insurance both guard against financial losses and aim to restore a party to the financial status held before an event occurred.

Under New York law, quasi-contractual obligations are imposed by law, where there has been no agreement by the parties, to assure a just and equitable result. Common law indemnification typically applies when, by operation of law, one is held responsible for another's actions due to their relationship.

Indemnification is an agreement where your insurer helps cover loss, damage or liability incurred from a covered event. Indemnity is another way of saying your insurer pays for a loss, so you don't have financial damages.

Both New York and New Jersey have anti-indemnity statutes restricting the extent to which a party can be indemnified for its own negligence. Under New Jersey law, an indemnification agreement will not be enforced when it requires indemnification for the indemnitee's sole negligence pursuant to NJSA 2A 40-1.

Indemnification clauses appear in nearly all commercial agreements. They are an essential risk allocation tool between the parties, and as such, they are one of the most commonly and heavily negotiated provisions in a contract.

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Procida Realty and Construction Corp. , Third-Party Respondent.We have two convenient locations in Bronx and Queens, call us today! The contractor is only required to indemnify the owner for the portion of damages that resulted from contractor fault or negligence. Fill out the form to access a sample of Practical Guidance. 05 Indemnification Obligations Not Limited By Insurance Obligation . We represent the employer in a Labor Law claim wherein the general contractor sought, inter alia, contractual indemnity from the employer. Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. And the Bronx County Clerk's office.

For example, for an apartment complex, the employer's insurer may cover 100% of any damages resulting from a structural fire or collapse that occurred in the structure. In the absence of indemnification, the Employer may be prohibited from claiming the insurance-related damages against third parties as a claim against the insured. “We are representing a tenant against the property's owner for property damages and injuries.” If you find that a landlord is failing to give you a notice to vacate your apartment, you may be owed substantial monies from the landlord for damages you sustained while you were on your rental contract (see Section II below for details). If the landlord doesn't provide you with notice to vacate the apartment, you may be required to provide them with “substantial evidence” that you are responsible for maintaining the property (so the landlord can get out of the rental agreement).

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Bronx New York Contractor Indemnification

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Is there common law indemnification?

Is there a common law right to indemnification?

What is the rule of indemnification?

What is common law indemnification in New York?

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Can New York State indemnify?

Can you be indemnified for your own negligence in New York?

Are indemnification clauses common?

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