Does a general liability clause in a civil contract allow the government to demand indemnity from a contractor for damages arising from the contractor's negligence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Contract Management, Inc., 912 F.2d 1045 (9th Cir. 1990):

We disagree. In United States v. English, 521 F.2d 63 (9th Cir.1975), we "considered similar provisions in resolving an issue of whether the Government could demand indemnity from a contractor for damages arising from the Government's negligence." Id. at 67-68 (footnote omitted). In English, as here, the contract at issue included a general liability clause for the contractor's negligence as well as a specific clause which provided, "The Contractor shall hold and save the government, its officers and agents, free and harmless from liability of any nature occasioned by his operations." Id. at 67.

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