Florida guide
Florida construction indemnity rules for general contractors
Fla. Stat. 725.06 limits indemnity clauses in construction contracts. In general terms, an indemnity provision needs a monetary limit that bears a reasonable commercial relationship to the contract, and it cannot cover the indemnitee’s gross negligence or willful misconduct. Public-agency contracts have a stricter subsection. Have counsel review your subcontract language.
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Free COI auditWhat does Fla. Stat. 725.06 generally do?
It restricts indemnification provisions in construction contracts among owners, contractors, subcontractors, architects, engineers and materialmen. A provision that makes one party indemnify another for the other’s own gross negligence or willful, wanton or intentional misconduct is void. Otherwise the provision must include a monetary limitation that bears a reasonable commercial relationship to the contract, and for owner-related indemnity the statute sets a default of $1 million per occurrence unless the parties agree otherwise. Public-agency contracts follow a separate, narrower rule.
Not legal or insurance advice. Statutes change and contracts differ. Verify against the primary source (linked or named) and talk to your broker or attorney before relying on this.
What does it mean for certificates?
A certificate showing “ADDL INSD” does not tell you how far additional insured cover reaches, and indemnity limits in your contract may change how much you can rely on it. Ask for the endorsement form, check it against your contract, and have your broker explain how it responds. We flag endorsements that need review; we do not interpret them.
Before you rely on a clause
- Have a Florida construction attorney review your subcontract template against Fla. Stat. 725.06.
- Confirm the indemnity carries a monetary limit.
- Collect endorsement pages, not only certificates.
Sources: Fla. Stat. 725.06. Statutes change; confirm the current text.
Frequently asked questions
Does Florida require a cap on construction indemnity?
Fla. Stat. 725.06 requires a monetary limitation that bears a reasonable commercial relationship to the contract. The exact rules and exceptions are in the statute, so have counsel confirm how it applies to your contract.
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