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

Conducted on Tuesday, October 13, 2020

Recorded event now available

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Program Materials

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.

Description

Indemnification agreements obligate one party (the indemnitor) to compensate another (the indemnitee) for losses or damages, often when a third party is suing the indemnitee. Parties engaged in activities involving considerable risk seek to indemnify themselves against that risk, often through insurance.

Indemnification and insurance are also frequently used where one party has sufficient leverage over another party to require it in a contract. Such provisions are standard in PSAs, leases, and construction contracts. And it is not uncommon for a party to require a more fulsome, stand-alone indemnity agreement in addition to the indemnity in the underlying agreement.

In these types of real estate contracts, the language is critical and specific rules are triggered when an indemnity claim is made. Informed counsel must recognize how to protect client interests by deftly structuring these provisions.

Listen as our authoritative panel of real estate practitioners discusses 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.

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Outline

  1. Indemnification obligations in commercial PSAs
    1. Seller indemnification
    2. Buyer indemnification
    3. Other indemnification issues
  2. Indemnification obligations in lease agreements
    1. Commercial leases
    2. Insurance
  3. Indemnification in construction contracts
    1. Applicable law
    2. Various positions
  4. 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

Carey, Iryna
Iryna Lomaga Carey
Partner
Kurzman Eisenberg Corbin & Lever

Ms. Carey’s practice focuses on commercial real estate transactions including: commercial sales and...  |  Read More

Hayhurst, Ren
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

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