In infringement suits, who must be held harmless by the contractor unless the infringement is the result of information provided in the contract documents?

• A. The architect and owner
• B. The contractor and owner
• C. The owner only
• D. The architect only

Answer: (A)

Indemnification for infringement claims is about who bears the risk when a third party sues over patent or copyright issues tied to the work. Under the AIA A201 form, the contractor must indemnify and hold harmless the architect and the owner from infringement claims arising from the contractor’s execution of the work, except when the infringement is the result of information provided in the contract documents. This means if the alleged infringement comes from drawings, specs, or other information supplied by the owner or architect, the contractor isn’t responsible. The arrangement protects both the architect and the owner, since the design documents originate with them, while the contractor remains responsible for infringements caused by the contractor’s performance. The other options would either omit one of these protected parties or improperly extend the contractor’s indemnity to include themselves in this scenario.