Insurance and Indemnity Provisions in Commercial Real Estate Contracts: PSAs, Leases, and Construction Contracts
Recording of a 90-minute premium CLE video webinar with Q&A
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.
Outline
- Indemnification obligations in commercial PSAs
- Seller indemnification
- Buyer indemnification
- Other indemnification issues
- Indemnification obligations in lease agreements
- Commercial leases
- Insurance
- Indemnification in construction contracts
- Applicable law
- Various positions
- Strategies and practical considerations
Benefits
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 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?
Faculty
Michael S. Hale
President
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
Mr. Hale has more than 20 years of experience in the insurance industry as an attorney and a broker, and has represented both insurers and policyholders in coverage-related matters. He has taught insurance and risk management to thousands of insurance professionals and is routinely published as an expert on these topics. In addition, Mr. Hale has served as an expert witness in more than 150 insurance coverage and errors and omissions cases.
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Michael W. Huddleston
Shareholder
Munsch Hardt Kopf & Harr
Mr. Huddleston’s practice focuses on commercial insurance, risk management, litigation management and... | Read More
Mr. Huddleston’s practice focuses on commercial insurance, risk management, litigation management and appeals. He routinely represents corporate and professional policyholders and assists claimants in insurance recovery involving commercial insurance. He works closely with transactional and corporate counsel in the review and drafting of risk management provisions regarding insurance, indemnity, disclaimers, waivers and exculpatory clauses in a wide variety of commercial agreements, including commercial real estate contracts, construction contracts and leases, agreements with municipalities and other service contracts. He also provides advice regarding insurance options such as owner and/or contractor controlled insurance programs, project specific professional liability, contractor’s professional liability plus indemnity, etc. He also assesses insurance and liability exposure and alternative options such as representation and warranty coverage in connection with mergers and acquisitions.
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