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Illinois
Liability Transfer

Broad Form Indemnity Risk Checker in Illinois Construction Contracts

Broad-form indemnity forces the subcontractor to defend and indemnify the general contractor even for the GC's own negligence. Many states have anti-indemnity statutes voiding these clauses — but they still appear in template contracts every day.

Legal Risk · Illinois

Broad-form indemnity void as against public policy in construction contracts.

Illinois Construction Contract Indemnification for Negligence Act, 740 ILCS 35/1

Potential Dollar Impact
$50,000 – $2,000,000+ per incident

Typical exposure per project when a Broad-Form Indemnity clause slips into a signed contract.

If you're the General Contractor

Illinois voids these clauses entirely. Rewrite to comparative-fault or the contract may be unenforceable in the indemnity portion.

If you're the Subcontractor

Illinois is a hard 'no' on broad-form indemnity. Push back citing 740 ILCS 35/1 — the clause is dead on arrival.

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Sample Redline · Illinois

The clause we flag — and the one we help you write instead.

Risky boilerplate
Common Broad-Form Indemnity clause
“Subcontractor shall indemnify, defend, and hold harmless Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the Work, including claims caused in whole or in part by Contractor's own negligence.”
Vowpace-recommended
Safer Illinois-friendly rewrite
“Subcontractor shall indemnify Contractor only to the extent of Subcontractor's own negligence or willful misconduct. Nothing herein shall require Subcontractor to indemnify Contractor for Contractor's sole or partial negligence, consistent with applicable state anti-indemnity statutes.”
Three things to watch during negotiation
  • 1Confirm your state's anti-indemnity statute — clauses violating it are unenforceable.
  • 2Comparative indemnity (to the extent of your own fault) is the industry-safe standard.
  • 3Make sure your CGL policy's Additional Insured endorsement matches your indemnity obligation — never assume more than your insurance covers.
More Illinois clause guides
Same clause in other states
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Legal Disclaimer

Vowpace AI is a pre-signature contract clause-risk review tool. It does not provide legal advice, legal analysis, or binding legal services. Users are solely responsible for verifying and confirming AI-flagged clauses.