Demand Letter for Indemnification
(Construction Contract)

Summary

This template is a demand letter for indemnification that may be used by general contractors, subcontractors, and legal counsel seeking to enforce indemnification obligations under a construction contract. This template addresses defense obligations and insurance notifications. This template includes practical guidance, drafting notes, and alternate and optional clauses. Parties to a construction contract typically include indemnification language in their agreements to shift risk. In order to avoid delays in defense or reimbursement, a demand letter for indemnification should be sent promptly upon an indemnifiable event, such as a third-party claim, property damage, or personal injury arising from a party's actions or omissions on the project. It is crucial to reference the specific contract provisions, provide factual details of the claim, and specify the relief sought. For more information on indemnification provisions, see Indemnification Provisions in Commercial Contracts, Risk Allocation in Commercial Contracts, Indemnity Clauses, and Indemnification Resource Kit. For more construction resources, see Construction Risk Management and Allocation Resource Kit and Construction Resource Kit.