Clause in architects contract

[drfuzzy]

Building two townhouses and have made some edits to the Architects agreement prior to engaging him.

His agreement states:
11. You must indemnify us and keep us indemnified against all costs, liability, losses, and claims incurred by you as a result of our breach under the agreement.

I have added:

We agree to indemnify you against all costs, liability, losses and claims incurred by you as a result of our breach under the agreement.

My architect is not happy with that but to me it just seems like balance. Can I just delete it? Is it not implied that he must indemify me as the client if he makes a mistake during the project that impacts on me?

Am I being unreasonable or is he?

 

[alicudi]

Hi

I wonder if the Architects professional indemnity insurance requires the 1st comment to be inserted into every contract in an un-altered fashion? I am thinking it might be the architects insurance company been un-reasonable.

I personally prefer the 2nd comment from the clients point of view.

Regards,

alicudi

 

[Perp]

I wonder if the Architects professional indemnity insurance requires the 1st comment to be inserted into every contract in an un-altered fashion?

I'd be willing to bet this is the case, and you simply won't get it removed.

 

[fernfurn]

If you are dealing with architects, you will end up paying for all their mistakes!

 

[Perp]

I don't know how you're reading what you've written, or what you intended, but the original clause says that drfuzzy indemnifies the architect for the consequences of the architect's breach.

Your proposed wording turns it around and says that the architect indemnifies drfuzzy for the consequences of the architect's breach.

That may seem fair, but I don't think their PI insurer - or the architect's lawyer - will let that fly.

The original clause is arguably unfair, but it is also standard.