Texas
Liability Transfer

Broad Form Indemnity Risk Checker in Texas 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 · Texas

Broad-form indemnity is VOID for construction contracts. Comparative indemnity only.

Texas Anti-Indemnity Act, Tex. Ins. Code §151.101-.151 (2011)

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

Texas voids clauses that indemnify you for your own negligence. Rewrite to comparative-fault standard.

If you're the Subcontractor

Refuse any Texas subcontract with broad-form indemnity — it's statutorily unenforceable and signals a sloppy counterparty.

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Sample Redline · Texas

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 Texas-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 Texas clause guides
Same clause in other states
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Vowpace AI is a milestone management and productivity tool. It does not provide legal advice, legal analysis, or binding legal services. Users are solely responsible for verifying and confirming AI-extracted milestones.