CRIS Contract Analysis & Indemnification Flashcards
6 cards from real CRIS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CRIS Contract Analysis & Indemnification flashcards as text
What is the purpose of an indemnification (hold harmless) clause in a construction contract?
Answer: To shift responsibility for certain losses or liabilities from one party to another
An indemnification clause contractually obligates one party (the indemnitor) to defend and pay specified losses on behalf of another party (the indemnitee).
A 'broad form' indemnification clause in a construction contract requires the subcontractor to indemnify the general contractor for:
Answer: Losses caused by the subcontractor and the general contractor, including the GC's sole negligence
A broad form indemnity obligates the subcontractor to cover even the indemnitee's own negligence, which many states restrict or prohibit by anti-indemnity statutes.
Which type of indemnification clause is most commonly enforceable in states with anti-indemnity statutes?
Answer: Limited form (comparative fault) indemnity
Limited or comparative fault indemnity, where each party bears responsibility proportional to its own negligence, typically survives anti-indemnity statutory scrutiny.
What does an 'additional insured' endorsement on a subcontractor's general liability policy provide to the general contractor?
Answer: It extends the subcontractor's liability coverage to the GC for claims arising from the subcontractor's work
An additional insured endorsement grants the named GC (or owner) direct rights under the subcontractor's policy for covered claims arising from the subcontractor's operations.
The ISO CG 20 10 endorsement adds an additional insured for liability arising from:
Answer: Ongoing operations only
ISO CG 20 10 covers additional insureds for liability arising out of the named insured's ongoing operations at the designated project location.
A subcontract requires the subcontractor to provide 'primary and non-contributory' coverage to the GC. This means:
Answer: The subcontractor's policy pays first before the GC's own insurance, and the GC's policy will not share the loss
A primary and non-contributory requirement obligates the subcontractor's insurer to respond first and bars the GC's insurer from being called upon to contribute to any covered loss.