ABB Kraftwerke signed an indemnity agreement with Brownsville Barge to use a floating crane for lifting a large turbine generator. The agreement required ABB to cover Brownsville Barge's losses even if Brownsville Barge was negligent. ABB later challenged the agreement, claiming it was unfair and signed under pressure. The Texas court upheld the agreement as valid and enforceable, meaning ABB had to pay for claims arising from the lifting work regardless of who was at fault.
Broad indemnity clauses that cover a contractor's own negligence are enforceable in Texas if both parties agreed to them and received something of value in exchange.