Therefore, an attempt to draft an indemnity clause that is too broad may void the clause in its entirety. Most owners wish to be indemnified, defended and held harmless against claims brought because of the negligence or breach of contract of the builder or designer. Owners generally are not willing to provide indemnities back, since they have little control over the site or the design or construction process. Many builders want to be indemnified against claims arising from the negligence or breach of contract of the designer. They are generally willing to indemnify the owner and designer for losses covered by the builder's insurance.
Most designers wish to be indemnified against the negligence or breach of contract of the builder.
But many are not averse to indemnifying others for losses that are covered by the designer's professional liability insurance. The AIA form contains well-balanced indemnity provisions that are generally accepted as an industry standard. To that, however, could be added provisions that provide the protection sought by owner, builder and designer, while limiting the indemnity of each to risks covered by liability insurance coverages. His national construction law practice has involved projects in 18 states and Mexico.