July 2008

Wachholz Speaks on "Common Law and Statutory Indemnity" at ALFA Construction Seminar

RCDM shareholder Denise Wachholz spoke on "Common Law and Statutory Indemnity" at the ALFA  International Construction Practice Group Seminar, July 16-18 in Chicago.

In her remarks, Denise discussed situations in which the parties in a construction project do not contract for indemnity, and in some cases even when they do. In such instances, courts or legislatures may impose duties to indemnify and define the scope of that indemnification obligation.

Many, if not most, states have product liability acts that include indemnity statutes. The courts have created indemnity liability under implied contractual, implied in fact, implied in law, and equitable theories. Comparative indemnity is a recent evolution, ancillary to the adoption of statutes for allocated fault. Application of the economic loss rule in noncontractual indemnity claims is another issue given recent treatment by the courts.