Construction Contract Insurance, Indemnification and Limitations on Liability Clauses

Structuring and Negotiating Key Provisions to Allocate Risk and Minimize Exposure

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, December 3, 2014

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide construction counsel with approaches for crafting insurance and indemnification provisions as well as negotiation strategies to effectively mitigate risk.


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 thorough 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.



  1. Drafting insurance provisions
    1. Selecting insurance coverage
    2. Additional insured endorsements
    3. Certificates of insurance
  2. Drafting indemnification provisions
    1. Most common types of state anti-indemnification statutes
    2. Forms and levels of severity of indemnification
    3. Review statutory and case law on anti-indemnification
    4. Clearly define indemnification terms
    5. Determine scope of indemnification
    6. Third-party beneficiaries
  3. Interplay between insurance and indemnification provisions


The panel will review these and other key issues:

  • 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?


Joann M. Lytle
Joann M. Lytle

McCarter & English

Ms. Lytle represents corporate policyholders in insurance coverage disputes. She handles disputes involving...  |  Read More

Pfeifer, Katie
Katie Pfeifer

Dorsey & Whitney

Ms. Pfeifer is a trial attorney and Co-Chair of the firm’s Insurance Law Practice Group. She represents clients...  |  Read More

Taubenfeld, David
David Taubenfeld

Haynes & Boone

Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He represents...  |  Read More

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