Insurance and Indemnity Provisions in Commercial Real Estate Contracts: PSAs, Leases, and Construction Contracts

An encore presentation with live Q&A.

A 90-minute premium CLE video webinar with interactive Q&A

Wednesday, January 5, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, December 3, 2021

or call 1-800-926-7926

This CLE course 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 allocation of risk accomplished by indemnification agreements is often a hotly negotiated term of real estate contracts and leases and, when not negotiated, frequently are not in compliance with applicable state indemnification laws or do not reflect the basis axim that liability should follow control. Unbalanced indemnification provisions frequently arise from unbalanced negotiating positions. This panel will address the nuts and bolts of indemnification agreements and insurance contracts, analyzing how indemnification agreements require one party (the indemnitor), bear the risk of claims against the other party (the indemnitee) for loss and damages claimed by a third party. The role of insurance in providing a source of funds for indemnification obligations will be addressed.

Indemnification and insurance provisions are standard requirements of PSAs, leases, and construction contracts. Standalone indemnity agreements are also frequently employed to balance the rights of a counterparty with its obligations.

Informed counsel must recognize how to protect client interests by deftly structuring indemnification provisions, taking into account state law and respective risks and control in careful drafting.

Listen as our authoritative panel discusses current trends and practical strategies in negotiating these provisions, as well as the advanced arguments made by the parties to these instruments.



  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


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 effective strategies for resolving them?
  • What are the insights into current trends for practical strategies in negotiating these provisions?

An encore presentation with live Q&A.


Hale, Michael
Michael S. Hale

Clairmont Advisors

Mr. Hale has more than 20 years of experience in the insurance industry as an attorney and a broker, and has...  |  Read More

Cheezem, Janis
Janis K. Cheezem

Partner, Real Estate

Ms. Cheezem leases, buys, sells, and finances office buildings and mixed-use, retail, residential, and industrial...  |  Read More

Attend on January 5

Early Discount (through 12/03/21)

Cannot Attend January 5?

Early Discount (through 12/03/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video