Examples of Construction defect in a sentence
To the fullest extent permitted by law, Subcontractor shall indemnify and hold harmless, including costs to defend, Builder, owner of the Property, Builder’s officers, directors, agents, successors and assigns (hereinafter “Indemnified Parties”), from and against liability for Construction Defect Claims to the extent the claims arise out of, pertain to, or relate to the Subcontractor’s scope of work due to the fault of the Subcontractor.
Subcontractor’s indemnification and defense obligations hereunder shall extend to Construction Defect Claims occurring after this Agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the Indemnified Parties for such matters which are indemnified herein are fully and finally barred by applicable Laws.
A "Construction Defect Claim" is, among other things, a claim related to an alleged deficiency or defect in the development, planning, design, supervision, observation of construction or construction of an improvement to real property.
The obligation of Subcontractor to defend the Indemnified Parties related to any Construction Defect Claim shall be effective immediately after such claim is tendered to Subcontractor by the Indemnified Parties regardless of whether Subcontractor is a party to the claim.
Finally, Subcontractor agrees to defend each Indemnified Party against any Construction Defect Claim, or portion thereof, related to or arising out of Work by or for Subcontractor or Subcontractor’s failure to comply with the terms of the Construction Agreement (and any addenda and exhibits thereto), including, without limitation, all costs and expenses related to such defense (including, without limitation, attorneys’ fees, court costs and all other professional, expert or consultants’ fees and costs).