- Posts by Gina M. Vitiello
ShareholderGina M. Vitiello is the Chair of Chamberlain Hrdlicka’s Construction Law practice group. She counsels public and private companies on legal matters and risk management issues that typically arise for owners, contractors ...
If you build, own, or manage projects in Texas, your indemnity clause is no longer “boilerplate.” A recent Texas Supreme Court decision changes how settlements and risk-sharing work between project players, and it puts a premium on clear drafting so the risk you think you shifted actually sticks.
The Big Picture
In S&B Engineers & Constructors, Ltd. v. Scallon Controls, Inc., the Texas Supreme Court held that a party who settles injury claims can still go after a non-settling party for its fair share if the contract includes a comparative indemnity clause tying payment to that ...