Contractors and subcontractors must negotiate hard against broad and intermediate form indemnities that unfairly transfer liability, with a focus on securing limited form indemnities to protect their businesses.

Contractors must be vigilant against broad and intermediate indemnities and additional insured clauses, which can shift unfair liability and insurance burdens onto them for client negligence.

Effective anti-indemnity legislation should outlaw broad and intermediate form indemnities, prohibit insurance loopholes, and prevent out-of-state venue and law manipulation.

Venue and choice of law clauses in construction contracts can expose contractors to legal risks by forcing them to resolve disputes in states with weaker anti-indemnity laws, transferring liability unfairly across jurisdictions.

Contractors should negotiate to protect their general liability insurance from being exploited by clients demanding additional insured status, using creative restrictions and clear contract terms.

Contractors can avoid costly disputes by clearly defining the scope of work, keeping detailed records, and utilizing negotiation or mediation to resolve claims early in the project.

Contractors must carefully review their contractual liability coverage to ensure they are not exposed to uninsurable obligations through broad or intermediate form indemnities in construction contracts.

Taking the time to properly set up your new construction company—from creating a solid business plan to securing licenses, insurance, and financing—will help protect your assets and position your business for long-term success.

Securing a downpayment or early payment in construction contracts is crucial for maintaining positive cash flow and protecting your business from delayed payments.

Many construction contract terms, including so-called "standard" conditions, are negotiable, and understanding common contract paradigms can empower subcontractors to secure fairer deals.

Clear scope of work, fair payment terms, and limiting indemnities are essential for contractors negotiating better terms in construction contracts to protect against unnecessary risks.

Contractors must carefully review their contractual liability coverage to ensure they are not exposed to uninsurable obligations through broad or intermediate form indemnities in construction contracts.