Structuring Construction Contract Insurance, Indemnification, and Limitations on Liability Clauses
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide construction counsel with approaches for crafting insurance and indemnification provisions and negotiation strategies to mitigate risk.
Outline
- Drafting insurance provisions
- Selecting insurance coverage
- Additional insured endorsements
- Certificates of insurance
- Drafting indemnification provisions
- Most common types of state anti-indemnification statutes
- Forms and levels of severity of indemnification
- Review statutory and case law on anti-indemnification
- Clearly define indemnification terms
- Determine scope of indemnification
- Third-party beneficiaries
- Interplay between insurance and indemnification provisions
Benefits
The panel will review these and other crucial issues:
- What approaches have proven 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 identify the optimal types of coverage for their specific project?
- What is the interplay between insurance and indemnification provisions in construction contracts?
Faculty

Katie C. Pfeifer
Of Counsel
Dorsey & Whitney
Ms. Pfeifer is a trial attorney and Co-Chair of the firm’s Insurance Law Practice Group. She represents clients... | Read More
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.
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David R. Taubenfeld
Partner
Haynes & Boone
Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He represents... | Read More
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.
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