Construction contracts allocate liability through indemnity provisions that come in three recognized forms.

Broad form. The indemnitor covers all liability including that caused solely by the indemnitee’s own negligence. Void by statute in most states.

Intermediate form. The indemnitor covers liability caused by its own negligence in whole or in part, including where the indemnitee is partly at fault. Permitted in some states and void in others.

Limited form. The indemnitor covers only its own proportionate fault. This is permitted everywhere and is the safe default for a multistate practice.

Anti-indemnity statutes vary in scope: some void only broad form, some also void intermediate form, some extend to additional insured requirements, and some apply only to particular project types. The first question in drafting is which state’s statute applies.

Clear and unequivocal language is required to indemnify a party against its own negligence where it is permitted at all, and many states impose conspicuousness requirements.

Insurance as the real mechanism. Because indemnity is statutorily constrained, additional insured status, waivers of subrogation and owner controlled insurance programs carry much of the practical risk transfer.

Duty to defend within an indemnity is separate from the duty to indemnify and may arise earlier and be broader; the clause should address it expressly.