A GC told me my indemnity clause was too aggressive during a contract review in Dallas

He said nobody will sign that in this market and honestly I think being soft on protection just sets you up for a fight later, has anyone else pushed back on this kind of pushback?

2 comments

2 Comments

pat_murray161mo ago

The Dallas market is funny like that. I had a GC tell me the exact same thing back in 2018 on a job near the Galleria. Thing is, "too aggressive" usually just means they actually read your clause and didn't like it. I think you're right to stick to your guns though, I've seen too many people get burned because they gave away too much. Just maybe check if the clause is actually enforceable in Texas courts, some of those big indemnity promises don't hold up under state law anyway. That's where the fight usually ends up, not in the signing.

the_robert1mo ago

Nah, I've seen enough GCs push back on fair stuff to know it's usually about them protecting their own profits, not the legality of it.