Construction Contract Insurance and Indemnification Clauses
Crafting Key Provisions to Allocate Risk and Minimize Exposure
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, April 11, 2012
Recorded event now available
This CLE webinar will provide construction counsel with approaches for crafting and negotiating insurance and indemnification provisions that effectively mitigate risk.
Description
Construction counsel rely on indemnification and insurance provisions to allocate liability for injuries and other losses during construction. However, these clauses are often drafted without a full understanding of whether they fully meet the parties' risk mitigation objectives.
Indemnity provisions are increasingly affected by states’ anti-indemnity statutes, which limit the scope of liability that parties may transfer by contract. Counsel drafting and negotiating indemnity terms must understand state law trends and the standards courts use to interpret the provisions.
Through carefully drafted indemnification and insurance provisions, counsel to owners and contractors can anticipate and proactively address future risks and minimize the likelihood of future disputes.
Listen as our authoritative panel of construction law attorneys discusses best practices for drafting and negotiating insurance and indemnification provisions that effectively mitigate risk.
Outline
- Drafting insurance provisions
- Selecting insurance coverage
- Additional insured endorsements
- Certificates of insurance
- Drafting indemnification provisions
- Most common types of state anti-indemnification statutes
- Forms and levels of severity of indemnification
- Review statutory and case law on anti-indemnification
- Clearly define indemnification terms
- Determine scope of indemnification
- Third-party beneficiaries
- Interplay between insurance and indemnification provisions
Benefits
The panel will review these and other key questions:
- What approaches have been effective for construction counsel in negotiating indemnification and insurance provisions in construction contracts?
- How have various states' anti-indemnity statutes impacted the ability to shift liability from contractors to subcontractors in construction contracts?
- How can parties to a construction contract determine which types of insurance are most effective for their specific project?
- What is the interplay between insurance and indemnification provisions in construction contracts?
Faculty
Scott D. Cahalan,
Partner
Smith Gambrell & Russell, Atlanta
He has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers, and vendors in connection with construction, commercial, and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction, and construction litigation, arbitration, and mediation.
Tamara L. Boeck,
Partner
Stoel Rives, Boise, Idaho and Sacramento, Calif.
She represents clients in the areas of construction law and litigation, and provides risk management advice relating to construction development projects from concept through dispute. Her clients include developers, owners, contractors, and major subcontractors involved in developing projects and negotiating contracts, as well as in disputes arising out of the construction process.
James P. Bobotek,
Senior Associate
Pillsbury Winthrop Shaw Pittman, Washington, D.C.
He concentrates his practice on a variety of insurance coverage, risk management and risk allocation issues, with an emphasis on the construction industry. He counsels clients in formulating risk management strategies, obtaining insurance cover, developing contractual insurance requirements, analysis and resolution of insurance coverage claims and disputes, and all phases of construction.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Program Materials
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Program Materials
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CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Very concise - provided what was needed, yet also included many examples, thoughts and ideas.
Ron Keith
Skilled Care
I liked the substance of the program and the ease of participating.
Paul L. Hammann
First American Title Insurance Company
The seminar provided good practical examples and advice plus good Q&A.
Don Weinbren
Trenam Kemker
The speakers included a significant number of best practices, which are critical to application of the law.
Deirdre J. Kamber
Fitzpatrick Lentz & Bubba
I attend a lot of these lectures and Strafford's presentation addressed important issues I rarely hear about. I really learned something for a change.
Rebekah J. Poston
Squire, Sanders & Dempsey
Real Estate Law Advisory Board
Partner
Alston & Bird
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Of Counsel
K&L Gates
Counsel
Kilpatrick Townsend & Stockton
Partner
Jones Day
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