Engineer Has Duty to Defend Owner Even When Not Negligent

摘要

In contract negotiations, design professional firms are often faced with a prospective client who insists upon an indemnity clause in the contract. The party giving the indemnity is required to compensate the other party for any losses that party incurs within the scope of the indemnity. Most architects and engineers are not concerned when the indemnity is triggered by negligence. But if the prospective client insists upon a "duty to defend" provision along with the indemnity, an architect or engineer should take notice.