| | Continental heller Corp. v. Amtech Mechanical Services, Inc. - indemnity agreements, showing of fault (Site not responding. Last check: 2007-11-07) |
 | | The indemnity agreement required Amtech to indemnify Continental for loss which "arises out of or in any way connected with the performance of work under the subcontract." The contract further provided Amtech's liability for indemnity for any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Amtech. |
 | | Further, the Court stated that the indemnity agreement did not require proof that Amtech's performance be a substantial factor in the loss suffered by Continental. |
 | | The Court felt that the indemnity agreement was commercially reasonable, given the role of each party in the construction, as well as the fact that each were sophisticated businesses involved in the field of construction. |
| www.lowball.com /WEEKLY/3-27-97.HTM (821 words) |