Understanding the Implications of "Defending" Your Client
As many of you are by now aware, the most important contractual clause to consider from a litigation standpoint is the indemnity clause. Indemnity is defined as the right of an injured party to claim reimbursement for its loss, damage or liability from a person who has such duty. In other words, your Client wants you to promise to reimburse them for damages caused by your negligence. Part and parcel of many indemnification clauses you may come across is an expectation from your Client that you also “defend” them. It has become increasingly important to recognize the difference between “indemnity” and “defense,” and the implications it has on you as a design professional.