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Pool construction contract question

HU-321637246
5 years ago

Hello. We have been interviewing pool contractors to find the right type of pool, good contractor, etc. I finally found one that we really like, he checks all the right boxes in terms of experience, references and more. When I asked to review the contract, I found this clause below that it sounds like he will not change. In this clause, I am the "owner" and he is the "contractor" being referenced.


"Owners agree to defend, indemnify and hold Contractor (and its insurers)

harmless from any liability claims, damages, costs, expenses or losses (including reasonable attorney's fees and all litigation costs) arising out of or for any injury to any third party that may occur during the construction of the pool at the pool construction site or related to construction of the pool."


It seems crazy that I would agreed to defend and indemnify him. If anything, I'm thinking it should be the other way around. I asked him to remove this paragraph as he is carrying insurance for exactly this sort of stuff. He seemed disinterested and told me no clients ever had a problem with it--including some who were attorneys. I'm not an attorney but I do not see why I would agree to this clause.


I'm looking to see if others have seen this type of wording in pool contracts. Is this normal?


Thank you.

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