Engineer A Client Interest Non-Subordination Faithful Agent Indemnification
O · Obligation
Individual
http://proethica.org/ontology/case/108#Engineer_A_Client_Interest_Non-Subordination_Faithful_Agent_Indemnification
Properties
Instance of
ClientInterestNon-SubordinationtoEngineerSelf-ProtectiveIndemnificationObligation
http://proethica.org/ontology/intermediate#ClientInterestNon-SubordinationtoEngineerSelf-ProtectiveIndemnificationObligation
Case context
Engineer A's indemnification clause inverts the faithful agent relationship by requiring clients — the parties Engineer A is obligated to serve — to bear the financial consequences of Engineer A's own professional negligence, directly serving Engineer A's financial self-interest at client expense.
Compliance status
unmet
Confidence
0.9
Importance
high
Obligated party
Engineer A
Obligation statement
Engineer A is obligated, as a faithful agent and trustee for his clients, to refrain from contractual arrangements that subordinate client financial interests to his own self-protective financial interests, including the broad indemnification clause that requires clients to absorb liability for Engineer A's own negligence.
Temporal scope
Ongoing; applies to all existing and future professional service agreements
Source Evidence
Source text
Under the agreement, the client is required to 'indemnify and hold harmless Engineer A for any damages or legal costs (including attorneys fees) arising from Engineer A's negligence in the performance of pollution-related services.'
Text references
Engineer A, a civil engineer, requires a broad indemnification provision in all of his agreements where he provides pollution-related services.
Under the agreement, the client is required to 'indemnify and hold harmless Engineer A for any damages or legal costs (including attorneys fees) arising from Engineer A's negligence in the performance of pollution-related services.'
TTL
@prefix case108: <http://proethica.org/ontology/case/108#> .
@prefix owl: <http://www.w3.org/2002/07/owl#> .
@prefix proeth: <http://proethica.org/ontology/intermediate#> .
@prefix proeth-core: <http://proethica.org/ontology/core#> .
@prefix prov: <http://www.w3.org/ns/prov#> .
@prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> .
@prefix xsd: <http://www.w3.org/2001/XMLSchema#> .
case108:Engineer_A_Client_Interest_Non-Subordination_Faithful_Agent_Indemnification a proeth:ClientInterestNon-SubordinationtoEngineerSelf-ProtectiveIndemnificationObligation,
owl:NamedIndividual ;
rdfs:label "Engineer A Client Interest Non-Subordination Faithful Agent Indemnification" ;
proeth-core:competesWith <http://proethica.org/ontology/case/108#Engineer_A_Ordinary_Negligence_Indemnification_Prohibition_—_Post-Insurance-Market-Normalization> ;
proeth-core:defeasibleUnder case108:Broad_Negligence_Indemnification_Provision_-_Engineer_A_Standard_Agreement ;
proeth-core:prevailsOver <http://proethica.org/ontology/case/108#Engineer_A_Section_III.9_Exception_Condition_Verification_—_Pollution_Services_Indemnification> ;
proeth:casecontext "Engineer A's indemnification clause inverts the faithful agent relationship by requiring clients — the parties Engineer A is obligated to serve — to bear the financial consequences of Engineer A's own professional negligence, directly serving Engineer A's financial self-interest at client expense." ;
proeth:compliancestatus "unmet" ;
proeth:conceptCategory "Obligation" ;
proeth:confidence "0.9" ;
proeth:derivedFromPrinciple case108:Client_Interest_Primacy_Invoked_Against_Engineer_A_Self-Protective_Indemnification,
<http://proethica.org/ontology/case/108#Client_Interest_Primacy_—_Indemnification_Clause_as_Self-Protection_at_Client_Expense> ;
proeth:discoveredincase "108" ;
proeth:discoveredinpass "2" ;
proeth:discoveredinsection "facts" ;
proeth:firstdiscoveredat "2026-03-01T11:01:29.694130+00:00" ;
proeth:firstdiscoveredincase "108" ;
proeth:generatedattime "2026-03-01T11:01:29.694130+00:00" ;
proeth:importance "high" ;
proeth:obligatedparty "Engineer A" ;
proeth:obligationclass "Client Interest Non-Subordination to Engineer Self-Protective Indemnification Obligation" ;
proeth:obligationstatement "Engineer A is obligated, as a faithful agent and trustee for his clients, to refrain from contractual arrangements that subordinate client financial interests to his own self-protective financial interests, including the broad indemnification clause that requires clients to absorb liability for Engineer A's own negligence." ;
proeth:sourcetext "Under the agreement, the client is required to 'indemnify and hold harmless Engineer A for any damages or legal costs (including attorneys fees) arising from Engineer A's negligence in the performance of pollution-related services.'" ;
proeth:temporalscope "Ongoing; applies to all existing and future professional service agreements" ;
proeth:textreferences "Engineer A, a civil engineer, requires a broad indemnification provision in all of his agreements where he provides pollution-related services.",
"Under the agreement, the client is required to 'indemnify and hold harmless Engineer A for any damages or legal costs (including attorneys fees) arising from Engineer A's negligence in the performance of pollution-related services.'" ;
proeth:wasattributedto "Case 108 Extraction" ;
prov:generatedAtTime "2026-03-01T11:14:44.157332"^^xsd:dateTime ;
prov:wasGeneratedBy "ProEthica Case 108 Extraction" .
Metadata
Extraction details
Discovered in case
108
Discovered in pass
2
Discovered in section
facts
First discovered
2026-03-01T11:01:29.694130+00:00
First case
108
Generated
2026-03-01T11:01:29.694130+00:00
Attributed to
Case 108 Extraction
Generated
2026-03-01T11:14:44.157332
Generated by
ProEthica Case 108 Extraction