Is That Indemnification Provision Enforceable? Lessons From Fifteen Years of Case Law Applying Va. Code § 11-4.1
Article originally featured in the Virginia Lawyer, Vol. 74 No. 5 published by the Virginia State Bar. It’s Wednesday night, and like most lawyers (perhaps a slight exaggeration), you and your esteemed colleagues are deep in a game of construction law jeopardy. Amid the fervor of the room, and noticing you are only slightly behind the leader, you select your next category—“Contract Terms” for $800. Your friend and moderator, channeling his best Alex Trebek, reads the statement, “a duty to make good any loss, damage, or liability incurred by another.”[1] The familiar melancholic tune begins to play, but it doesn’t […]





