WHAT 'HOLD HARMLESS', 'INDEMNIFY' AND 'DUTY TO DEFEND'
MEAN IN PROJECT CONTRACTS
These three provisions mean different things, with serious implications including accepting liability for claims, compensating for loss and mounting a legal defense against any claim.
Most contractors find them hard to understand; they assume the terms are interchangeable and have the same meaning, and therefore do little to push back thinking that’s just the way it is. In reality, however, these provisions are not the same, and each one has different and serious implications.