What is the difference between an indemnification agreement and a hold harmless agreement in construction contracts?
An indemnification agreement and a hold harmless agreement are two types of contracts that may be included in a construction contract. However, there are important differences between them. Indemnification agreements typically require one contractor to compensate another contractor if the other contractor suffers any losses or liabilities arising from the construction project. The contractor being indemnified may be held harmless from any losses or liabilities, while the one agreeing to indemnify will be liable for any losses or liabilities. On the other hand, a hold harmless agreement is a contract between two parties in which one party agrees to protect the other from any losses or liabilities that may arise from the construction project. The party agreeing to be held harmless typically does not have to provide any monetary compensation for losses or liabilities, and is usually only responsible for a small portion of any losses or liabilities. In California, contracts involving construction projects must comply with the state’s laws and regulations. This means that hold harmless agreements must be in writing and must be explicit about which losses and liabilities are to be covered by the agreement. In addition, indemnification agreements must include language that is clear and unambiguous, and must be properly executed in order to be enforceable.
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