I have a question about a contract, can anyone tell me what this means?

Question by shelliew: I have a question about a contract, can anyone tell me what this means?
The contractor and client shall indemnify, defend, and hold harmless against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of the result of performance of the work or providing of materials to the extent caused in whole or part by negligent or wrongful acts or omissions of, or breach of this agreement by, the contractors, a subcontractor, anyone directly or indirectly employes by them or anyone whose acts they are legally responsible for.

Best answer:

Answer by Bronzebeardanswerer
Who are the parties to this agreement? This clause is poorly drafted.

As it reads right now it states that the “client” and the “contractor” have a duty to pay for and defend in all law suits (thats what “indemnify, defend and hold harmless”) all damages, including legal fees, arising from negligence, wrong acts or breaches by the contractor or subcontractor.

Whats badly drafted about this clause is it does not say who is getting indemnified. Normally the sentence should say who the contractor and client are indemnifying or it should read that the contractor will indemnify the client.

If you are the client and you are getting work done, I would ask for this clause to be rewritten. I sometimes see bad drafting like this when people who don’t know what they are doing take a legal document they used before and mess with it thinking they are doing something cute.

—————————
Search using www.yahoo.com

Add your own answer in the comments!