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my name is kent holland i am the founder and principal of construction risk llc pleasure to present this webinar today on indemnification litigation this is on behalf of ae pronut and these uh decisions that were talking about come from around the country the first case is one that addresses who is indemnified and a court in new york said that the term of representative includes the owners architect so unfortunately when the contractor agreed to identify the owner and the owners agents and representatives the court said well the architect was a representative on the question of california law if youre in california or california law applies to your contract its very important that if you agree to indemnify you understand that that includes an automatic obligation to defend and the only way to avoid that is to contractually put in the words you shall not defend against professional liability claims so we always do that in california very important as this case of centex homes from