b'Insurance Notes Frankencontracts Resurrection!A Halloween-edition article on resurrected construction risk and indemnification agreementsBy Simon FennI ve seen some scary contractthe depths of the agreement! In- clause?Ifaltered,istheintentable in common/tort law, or bymostsupernaturalaccountabil-indemnificationagreementsdemnification Agreements can beoftheIndemnificationAgree- signing are you possibly assum- ityshouldyoubeincreasing inmycareersomecreepy! They take on many formsment reasonable?ing risk that goes beyond com- your bid cost, or should you at-butchered from the body of manyandhavethepotentialtoseri- Isitone-sidedinfavourofmon law or negligence? tempt to negotiate more reason-others,resultinginrepulsiveously harm your business results.your customer?DoestheIndemnificationable terms or evenperish the frankencontracts! TheIndemnificationAgree- Does it contain risk-broaden- Agreement spook you so muchthoughtwalkaway?Iknow, Contractorsshouldconsiderment is one of the most hauntinging words such as any and all;that you might wish to bring itthats unimaginable for many of contractual risks carefully beforeparts of your contract if you donteverycharacterandkindwhat- to the attention of your associa- you.Butletsfaceit:Franken-bidding or entering any contrac- readititcancomebackandsoever;inanymanner;solely;tion or legal counsel to exorcisecontracts bring monstrous risks.tualagreement,andtheIndem- bite you! Here are some consider- notlimitedto;and/orhowso- itor at least help you with it?If youre uncertain about the nification Agreement is the over- ations as you review indemnifica- evercaused?AcceptingthisAfter all, two heads are often bet- risk you may assume, do yourself ridingparagraphtowhichyoution agreements in contracts:as worded could haunt you forter than one when battling theafavour:contactyourprofes-should pay attention. If you areIs it a standard form, such asan eternity!evil forces that intend to transfersional advisers, such as insurance awarded a contract but you didnta CCDC Indemnification Agree- Doesitcontainwordsthatharmful risk upon you.brokers and legal counsel, before reallyconsidertheIndemnifica- ment,oristhereaSupplemen- suggestonlythecontractorIf the Indemnification Agree- signing that frankencontract!tion Agreement carefully enough,taryCondition(SC)thataltersisresponsible,suchassole- ment you are considering trans- Happy Halloween! youmaywishtoholdoffonthestandardform?Haveyouly;holdharmless;waiveallfers risk to such an extent thatSimonJ.Fenn,CIP,isSenior the celebrations for a while. Youread and understood how the SCrights against?you could be liable for anyonesVice President of Fenn & Fenn Insur-could be in the dark about a verychangestheeffectof,ortotallyIs the indemnification word- actionseven those outside ofance Practice Inc., a HUB Interna-nasty and risky surprise lurking inreplaces,theCCDCstandarding confined to what is reason- your supervision, giving you al- tional Company.12ONTARIO ROOFING NEWSISSUE 3 2022 THE ONLY SOURCE FOR PROFESSIONAL ICI ROOFING CONTRACTORS IN ONTARIO ORN'