Structuring Construction Contract Insurance, Indemnification, and Limitations on Liability Clauses
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide attendees with approaches for crafting contractual insurance requirements and indemnification provisions, as well as negotiation strategies to mitigate risk. The panel will also address case law and various state anti-indemnity statutes that limit the enforcement of indemnity provisions in construction contracts.
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 and terms of insurance coverage for their specific project?
- What is the interplay between insurance and indemnification provisions in construction contracts?
Faculty
James P. (Jamie) Bobotek
Partner
Pillsbury Winthrop Shaw Pittman
Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including... | Read More
Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. He also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Mr. Bobotek has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.
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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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