Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
11-15-2020
Document Type
Article
Citation
Nebraska Law Bulletin (November 15, 2020)
Abstract
Contractors must carefully comply with Nebraska’s anti-indemnity statute in order to shift risk and liabilities. In doing so, contractors must have an understanding of general construction industry trends and how they impact and apply to Nebraska’s anti-indemnity statute. First, contractors must have a general understanding of pertinent construction issues including indemnity, anti-indemnity statutes, insurance, and the rising cost of litigation. These issues are paramount to understanding the purpose behind Nebraska’s anti-indemnity statute. These issues are also important when understanding its caselaw and judicial interpretation. Second, contractors can protect themselves from Nebraska’s anti-indemnity statute by drafting indemnity provisions that comply with the statute’s (1) purpose & prohibition, (2) scope & coverage, (3) insurance requirements, and (4) additional considerations. Thus, this Note shows that contractors can balance their interests in shifting risk and liability while still complying with Nebraska’s anti-indemnity statute.
Comments
Copyright 2020, the author