Structuring Construction Contract Insurance, Indemnification, and Limitations on Liability Clauses

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, March 11, 2020

Recorded event now available

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Course Materials

This CLE course will provide construction counsel with approaches for crafting insurance and indemnification provisions and negotiation strategies to mitigate risk.

Description

Construction counsel rely on indemnification and insurance provisions to allocate liability for injuries and other losses during construction. However, counsel must prepare to draft clauses that will meet the parties' risk mitigation objectives--boilerplate language exposes the attorney and client to unintended consequences.

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 recognize 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.

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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 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

Pfeifer, Katie
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

Taubenfeld, David
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

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