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1976 Ins. L.J. 725 (1976)
Architects, Engineers and Hold Harmless Clauses

handle is hein.journals/inslj38 and id is 725 raw text is: Architects, Engineers and Hold Harmless Clauses* By CHARLES D. MAURER, JR. Mr. Maurer explains the nature and scope of hold harmless clauses, why they are used, and what the design professional can do to become an effective advocate of his own interests in resisting requests that he become an indemnitor under such clauses. This article was the basis of a speech he pre- sented recently at the annual convention of the Association of Soils and Foundation Engineers in Mexico City. T ODAY, the chances of a design professional being asked to indemnify one or several of the other parties to a construction contract for various damages is better than average. Millions of dollars are spent each year on legal fees to draft, interpret, modify, propose and oppose the use of hold harmless clauses. More money -is spent in litigation concerning the application and enforcement of these clauses. The clauses present a dilemma for the design professional since they expand his exposure to liability, and his refusal to accept them may result in the loss of his client. Consequently, if the design professional is to function effectively in a business world seeking him as an indemnitor, he must have a thorough understanding of the nature and scope of these clauses, why they are used, and what he can do to resist them. The purpose of this article is to provide the design professional with this knowledge and background in order that he may become an effec- tive advocate of his own interests when confronted with a request that he be an indemnitor under a hold harmless or indemnification clause. The first question is: What is a hold harmless clause ? The pre- requisite to any intelligent and persuasive discussion is a command of the subject matter. As any successful lawyer knows, the advocate who is best prepared will make the best argument and prevail. Knowledge of the facts and law-not wit or a pleasing personality-wins cases. Likewise, the more the design professional knows about hold harmless clauses, the better chance he stands of advancing his own interests relative to them. To understand hold harmless clauses, the design professional must first be able to identify them and appraise their scope. Hold harmless is another way of saying indemnify. * @ 1976, Charles D. Maurer, Jr. Hold Harmless Clauses 725

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