The phrase 'any act, neglect or default' in a standard-form construction indemnity clause is to be construed ejusdem generis, so that 'act' means an act involving breach of a legal duty, not a fault-free act. Alternatively, the phrase is at least ambiguous and must be construed in favour of the indemnifier under Andar Transport v Brambles. The phrase 'arising as a result of' in an indemnity clause imports a remoteness requirement and does not connote an unlimited concept of causation. A head contractor that supervises site safety 'carries out construction work' for the purposes of reg 73 of the Construction Safety Act 1912 (NSW) even where sub-contractors perform most of the actual construction work.
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