Bifurcated or “Split” Indemnity

As we review owner-drafted contracts for our design professional clients, we occasionally will suggest a “bifurcated” or “split” indemnity. We suggest splitting the indemnity when clients insist on including the obligation for the design professional to “defend” the client.  Negotiating and achieving an insurable indemnity with a client is not for the faint of heart.  We find educating the client …