Structuring Construction Contract Insurance, Indemnification and Limitations on Liability Clauses

Negotiating Key Provisions to Allocate Risk and Minimize Exposure

A live 90-minute CLE webinar with interactive Q&A


Wednesday, August 2, 2017 (in 10 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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

Outline

  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

Benefits

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?

Faculty

Joann M. Lytle, Partner
McCarter & English, Philadelphia

Ms. Lytle represents corporate policyholders in insurance coverage disputes. She handles disputes involving commercial general liability, umbrella/excess liability, errors and omissions liability, directors and officers liability, and employment practices liability policies. She represents policyholders in litigation, arbitration and mediation and provides insurance coverage advice and counseling to her clients. She also handles commercial litigation matters.

Katie Pfeifer, Of Counsel
Dorsey & Whitney, Minneapolis

Ms. Pfeifer is a trial attorney and Co-Chair of the firm’s Insurance Law Practice Group. She represents clients in all types of complex commercial litigation. Ms. Pfeifer’s clients include public and private corporations, for-profit and non-profit entities, financial institutions, and individuals. She has presented at numerous CLE seminars concerning insurance and related issues, including allocation of risk through insurance.

David Taubenfeld, Partner
Haynes & Boone, Dallas

Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He represents corporate and individual insureds in coverage and bad faith lawsuits and arbitrations against insurance carriers under directors' and officers' liability, first party property/business interruption, errors and omissions, professional liability and general liability policies, among others. He has secured millions of dollars in coverage for his clients through negotiation and litigation.


Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

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Available 24 hours after the live event

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Live Webinar & Audio Download $394.00

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DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

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Customer Reviews

The web conference covered the material in an efficient fashion without a lot of duplication.

Matthew W. Willis

Ashley Ashley & Arnold

Good straightforward presentation at a high level with good detail.

Tim Woodland

Cairncross & Hempelmann

I really appreciated the real world application and examples that were provided.

Leah Schoellkopf

Dodge & Cox

I found it interesting to hear the differences in jurisdictions' treatment of conflicts issues.

Michelle Blakemore

County of San Bernardino

I thought the speakers covered a fascinating subject matter very well.

Bob Linton

Dykema

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Counsel

Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Pillsbury Winthrop Shaw Pittman

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