How Can a Contractor Avoid Liability?

Because of the indemnification provision in ODOTs contract, contractors cant escape liability altogether. Section 107.12 of ODOTs Construction and Material Specification provides adequate protection for ODOT in some circumstances, according to ODOT. This section allows ODOT to bring an indemnity action against contractors in certain situations, such as where the contractor is solely responsible for any negligence and ODOT is only vicariously liable. Perhaps a contractor negligently fails to follow the plans and specifications as prepared by ODOT, and this failure causes damage to a motorist. ODOT could then require the contractor to indemnify ODOT from any claim for damages. Contractors facing negligence claims, as in the Markel case, generally argue that they have followed the plans as prepared by ODOT and should not be held liable for any mistakes found in the design. This is one basis for a court to find them not liable, but they must also follow any orders issued by ODOT for the ...  more