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Downstream Insurance Coverage for Construction Projects: Vetting Strategies, Navigating Anti-Indemnity Laws

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, January 21, 2025

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

or call 1-800-926-7926
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This CLE webinar will guide counsel for project owners, general contractors, and subcontractors on mitigating the risks associated with the upstream/downstream dynamics of construction projects. The panel will discuss strategies for vetting downstream insurance coverage and minimizing risk for all parties by balancing indemnification and other terms between the parties while navigating state anti-indemnity statutes.

Description

While parties to construction projects have historically relied on indemnification and additional insured provisions to manage risk between upstream and downstream parties to the contract, nearly all states have enacted anti-indemnity statutes that curtail these provisions to varying degrees.

For example, a Texas statute voids an indemnity provision in a construction contract if it requires the indemnitor to indemnify, defend, or hold harmless the indemnitee for a claim caused in whole or in part by that indemnitee's own negligence. The law also prohibits requiring the purchase of additional insured coverage that would cover the indemnitee's negligence. Other states have similar laws.

In the construction industry, comprehensive vetting of downstream parties' insurance coverage is vital yet challenging. So, counsel should understand vetting strategies to protect their clients' interests while maintaining compliance.

Listen as our panel of experienced construction lawyers provides expert guidance on vetting downstream insurance coverage for construction projects and offers critical insight on contract terms, pitfalls to avoid, and mitigating risk.

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Outline

  1. Introduction
  2. Upstream/downstream risks
    1. Owner
    2. General contractor
    3. Subcontractor
    4. Others
  3. Notable state anti-indemnity statutes
    1. Impact on indemnification clauses
    2. Impact on additional insured clauses
  4. Strategies for vetting downstream insurance coverage: minimizing risk while maintaining compliance
  5. Drafting considerations for indemnification and additional insured provisions
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What impact do state anti-indemnity statutes have on risk transfer between parties to construction projects?
  • How is this reflected in downstream insurance requirements, and what are key drafting considerations for indemnification and additional insured provisions?
  • What are best practices for vetting insurance coverage to mitigate client risk while maintaining compliance?

Faculty

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

Additional faculty
to be announced.
Attend on January 21

Cannot Attend January 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:

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