Written by: Pamela L. Coleman, Esq.
An often litigated, and often overlooked or non-negotiable, provision of construction contracts is the indemnification clause. Such provision requires a party to protect another from claims and damages. It seeks to impute liability to the indemnitor for the torts, or negligence, of the indemnitee. The general rule in Georgia is that indemnity clauses are enforceable as written, including those that expressly, clearly, and unequivocally