Subcontractor Agreement Liability Explained

Summary

The subcontractor is responsible for any personal injuries or property damage related to their work, even after the contract ends. They must indemnify and defend the contractor and owner from any claims or lawsuits. The subcontractor cannot transfer their contract duties without the contractors written approval.

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subcontractor agreement
Hello Stephanie. Do you need guidance on drafting a subcontractor agreement, or do you have a specific issue related to an existing agreement?
existing
Hi Stephanie, could you please elaborate on the specific issue you are facing with your existing subcontractor agreement?
what does this mean. Subcontractor takes the entire risk of any and all personal injuries or property damage arising out of or in any way connected with the work of Subcontractor.
Hello Stephanie, the statement means that the subcontractor is solely responsible for any personal injuries or property damage that may occur in connection with their work. This includes any liabilities, costs, or losses that might arise.
can you explain this, Insurance and Indemnification: Subcontractor takes the entire risk of any and all personal injuries or property damage arising out of or in any way connected with the work of Subcontractor. To the fullest extent permissible by law, Subcontractor shall indemnify, hold harmless and defend Contractor and Owner, their employees, agents and representatives from and against any and all damages, expenses, claims and suits of whatever nature resulting from damages or injuries, including death, to any property or persons, caused by, arising out of, or connected with any action, omission or operation under this contract or in any connection with work attributable to subcontractor, any subcontractor of subcontractor, and any of their respective employees, agents or representatives. Subcontractor’s indemnification and defense obligations herein shall extend to claims arising after this agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the indemnified parties for such matters which are indemnified herein are fully and finally barred by applicable Laws.
This clause means the subcontractor is responsible for any harm or damage related to their work, even after the contract ends. They have to protect (indemnify) the contractor and owner from any losses or damages. This responsibility continues until it's legally confirmed that no further claims can be made against the protected parties.
if this contract is for snow plow in a parking lot and a person hits another person vehicle would that mean we are libel as well
Based on the clause you provided, if a person hits another person's vehicle during the subcontractor's snow plowing work, the subcontractor would generally be liable, not you. However, specifics can vary based on the exact circumstances and contract details.
if a person walking across the parking lot was injured
If a person gets injured in the parking lot due to the subcontractor's work (like snow plowing), the subcontractor would generally be liable under the given clause, not you. But the exact liability can vary based on the contract and exact situation.
what does this mean, To the fullest extent permissible by law, Subcontractor shall indemnify, hold harmless and defend Contractor and Owner, their employees, agents and representatives from and against any and all damages, expenses, claims and suits of whatever nature resulting from damages or injuries, including death, to any property or persons, caused by, arising out of, or connected with any action, omission or operation under this contract or in any connection with work attributable to subcontractor, any subcontractor of subcontractor, and any of their respective employees, agents or representatives.
This clause means that the subcontractor is legally obligated to cover all damages or losses that occur due to their work, and protect the contractor and owner from any claims or lawsuits. This applies even if the damage is caused by the subcontractor's employees, agents, or representatives.
what does this mean, No assignment of this Sub-contract agreement is permitted without prior written permission from Contractor. Contractor may deny assignment or require subcontractor to implement sufficient controls to ensure that the assignee’s performance is adequate.
This clause means the subcontractor cannot transfer their contract duties to another party (assignee) without the contractor's prior written approval. The contractor can refuse this transfer or require measures ensuring the assignee's performance is satisfactory.
what does this mean, Subcontractor’s indemnification and defense obligations herein shall extend to claims arising after this agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the indemnified parties for such matters which are indemnified herein are fully and finally barred by applicable Laws.
The clause means that the subcontractor's duty to cover damages and defend the contractor and owner from lawsuits continues even after the agreement ends, and up until it's legally determined that no more claims can be made against the indemnified parties.