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Elkhart adopts ordinance barring certain liability‑limiting and indemnity clauses in city contracts
Summary
The council adopted the Elkhart Contractual Protections Ordinance to prohibit limitations of liability and indemnification terms in future contracts with the city, aiming to preserve remedies under Indiana law, Corporation Counsel said.
The Elkhart City Council unanimously adopted an ordinance that prohibits certain limitation‑of‑liability and indemnification clauses in contracts with the city, Corporation Counsel John Espord told the council during the ordinance presentation.
Espord said the proposed ordinance, 25‑0‑29, addresses provisions increasingly appearing in vendor contracts that attempt to cap a contractor’s liability at the contract price or to require the city to indemnify the contractor. He gave examples ranging from playground equipment defects to…
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