Indemnification and Insurance Requirements for Design Consultants and Contractors on Highway Projects
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 37: Indemnification and Insurance Requirements for Design Consultants and Contractors on Highway Projects ort should be particularly informative for any official who needs to know how a potential liability claim should be handled, the pitfalls to avoid when buying or accepting insurance coverage, and against which insurance coverage a claim should be filed.
Insurance and indemnification requirements have played an important part in government contracting for construction. Government transportation agencies should ensure proper insurance coverage for tort liability, and faulty design and construction to minimize charges to the capital or operating budgets when something goes wrong. This research should be helpful to transportation departments' administrators, design and construction engineers, contracting officers, right-of-way officials, and attorneys. The report is organized as follows:
(I) Introduction;
(II) Scope of Article;
(III) Updated and Additional Material to That Found in Previous Articles on Indemnification and Suretyship;
(IV) Requirements for Consultant Insurance, Surety Bonds, and Indemnification; (
V) Administrative and Contractual Processes Used to Protect Government Agencies Against Liability;
(VI) Strategies for Successful Bond Coverage or Recovery from Contractors or Consultants;
(VII) Legal Restrictions on Actions Against Consultants and Contractors;
(VIII) Conclusion;
Endnotes;
Appendix A - Table 3: State Laws Relating to Scope and Coverage of Contractor Bonds;
Appendix B - Table 4: State Requirements for Filing Notice of Claims and Suits on Contractors' Payment Bonds; and
Appendix C - Table 5: Statute of Limitations on Repose that Affect Recovery and/or Bringing of Legal Action.
This Summary Last Modified On: 3/30/2014