Broad Form Indemnity Risk Checker in New York 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.
Void to the extent it indemnifies for the promisee's own negligence.
New York General Obligations Law §5-322.1
Typical exposure per project when a Broad-Form Indemnity clause slips into a signed contract.
NY §5-322.1 bars broad-form. Use 'to the fullest extent permitted by law' language to preserve the enforceable portion.
GOL §5-322.1 is one of the strongest anti-indemnity statutes in the U.S. Any clause requiring you to indemnify the GC for their own fault is void.
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Vowpace's AI extracts broad form indemnity language, redlines it against safer alternatives, and generates an audit-grade evidence report — free for your first scan.
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The clause we flag — and the one we help you write instead.
“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.”
“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.”
- 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.
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