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The Joint Committee recommends "Hold Harmless" clauses should never be used. Since the Owner, Architect, Engineer and/or Contractor each has certain legal responsibilities in the design of structures and participation in the construction process, each must assume his own responsibilities. The specifications should require the Contractor to carry comprehensive general liability insurance, stating the insurance requirements applicable to the project at hand. If, in an individual situation, the Contractor is required to protect (hold harmless) the Owner, Architect and/or Engineer, the specifications must define specifically the risks, liabilities, legal costs, etc., involved in protecting the Owner, Architect or Engineer. Such protection shall only be against claims arising out of negligence in performance of the contract by the Contractor, his employees or subcontractors, and should limit such negligent acts to those occurring in the performance of the terms of the contract, and not as a result of the project in general. This will enable the Contractor to have included in his liability policy the protection covering provisions set forth in the specifications. In all cases where "hold harmless" clauses are required by the Owner, or an authorized agency, an attorney should be consulted. Revised May 1990 Top of Page | AIA-MBA Home Page | Organization | Drawings & Specifications | Bidding | Contracts | Temporary Services | Bonds, Insurance & Liability | Safety Responsibilities | Release of Liens | Procurement Methods & Supplements | Contact Us |
