Uninsurable Indemnity in Buffalo Schools Project Contracts
It appears that the City of Buffalo professional service contracts and contracts from LP Ciminelli for the Buffalo City School District projects contain an uninsurable indemnity provision. These provisions create problems similar to those originally presented by Erie County contracts, in that negligence is not the sole trigger for indemnity.
Based upon insurance company reviews of the original indemnity from Erie County, we feel that the language inserted by the City of Buffalo and LP Ciminelli is likewise uninsurable.
We urge firms considering these contracts
to assist us in creating a dialogue with LP Ciminelli and the City of Buffalo toward creating insurable indemnity. We need interested parties who have existing relationships with the City and School District to step forward and join the effort.
We ask that you review your current or pending contracts and consider the risk management issues. Please contact us for additional information.
Click the links to view sample indemnity provisions for LP Ciminelli and the City of Buffalo.
Promark Agency
