Hold harmless agreement A contract provision in which one party agrees not to hold the other responsible for certain losses or claims, shifting the risk of specified damages between them.
In NYC sidewalk work, hold harmless language appears in construction contracts, leases, and permit paperwork: a contractor may hold the owner harmless for injuries arising from the contractor's work zone, or a tenant may accept risk for its cellar door operations. These clauses allocate risk between the signing parties but do not erase the owner's non-delegable duty to injured pedestrians, who can still sue the owner directly. Their real value is in the reimbursement fight afterward. Owners hiring a sidewalk contractor should confirm the contract's risk language and the contractor's insurance rather than relying on the clause alone.
Frequently Asked Questions About Hold harmless agreement
What is a hold harmless agreement?
A contract provision in which one party agrees not to hold the other responsible for specified losses or claims, shifting that risk between the signing parties.
Where does it appear in sidewalk work?
In construction contracts, commercial leases and permit paperwork, for example a contractor holding the owner harmless for injuries arising from its work zone.
Does it protect an owner from an injured pedestrian?
No. The sidewalk duty is non-delegable, so the pedestrian can still sue the owner directly. The clause governs reimbursement between the parties afterward.
What makes the clause actually useful?
Pairing it with verified contractor insurance. A hold harmless promise from an uninsured party is worth little if a large claim arrives.