Insurance and Indemnity Provisions in Commercial Real Estate Contracts: PSAs, Leases, and Construction Contracts
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide insight into insurance and indemnification provisions in real estate purchase and sale agreements (PSAs), leases, and construction contracts. The panel will discuss current trends and practical strategies in negotiating and litigating these provisions, the advanced arguments made by the parties to these instruments, and how to resolve complex disputes over these clauses.
Outline
- Indemnification obligations in commercial PSAs
- Seller indemnification
- Buyer indemnification
- Other indemnification issues
- Indemnification obligations in lease agreements
- Commercial leases
- Insurance
- Indemnification in construction contracts
- Applicable law
- Various positions
- Strategies and practical considerations
Benefits
The panel will review these and other relevant issues:
- How can counsel craft adequate indemnification lease provisions that protect their clients?
- How can counsel best mitigate risk or allocate risk when drafting and negotiating these provisions?
- What are the most commonly disputed issues around these provisions and what are some effective strategies for resolving them?
- What are the insights in current trends for practical strategies in negotiating and litigating these provisions?
Faculty

Iryna Lomaga Carey
Partner
Kurzman Eisenberg Corbin & Lever
Ms. Carey’s practice focuses on commercial real estate transactions including: commercial sales and... | Read More
Ms. Carey’s practice focuses on commercial real estate transactions including: commercial sales and acquisitions; joint ventures; commercial leasing and commercial finance. She has broad based experience in retail/industrial/office property leasing and acquisitions; operating company acquisitions and dispositions; negotiation of construction contracts; and financing and construction of a broad range of commercial properties. Ms. Carey has represented landlords and tenants in enclosed malls, strip centers, warehouse/industrial projects and pad sites. She has extensive experience handling due diligence in connection with significant real estate acquisitions of both real property and debt portfolios.
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Ren R. Hayhurst
Founder
Ren RH Legal Consultants
Mr. Hayhurst’s professional life has focused for over 30 years on all aspects of lender and borrower... | Read More
Mr. Hayhurst’s professional life has focused for over 30 years on all aspects of lender and borrower representation, including real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation.
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