Description
Gain a better understanding of what indemnification terms mean in practice and how to identify and mitigate the risks.Indemnification clauses are often a point of negotiation and litigation in construction contracts. Once the contract is signed, there is no going back so understanding indemnification provisions and negotiating reasonable terms up front is paramount. Owners, general contractors, and subcontractors should understand the risks they are taking on when agreeing to indemnification provisions and how to draft enforceable terms. This course will provide an understanding of the different duties and obligations found in construction contract indemnification provisions. This material will focus on what indemnification terms mean in practice, how to identify and mitigate the risks unique to indemnification, and the statutory limits on the scope of indemnification obligations.
Date: 2022-08-04 Start Time: End Time:
Learning Objectives
Background: Indemnification Clauses in Construction Contracts
• Owner-General Contractor Agreements
• Prime-Subcontractor Agreements: Flowing Down the Obligations
• Flow Down Provisions in Federal Contracting
Indemnification Clauses
• What It Means to Indemnify and Hold a Party Harmless (and Why Its Critical)
• Defense Obligations in Indemnification Clauses
• Timing of Indemnification Obligations: When Do Different Duties Arise?
Scope of Indemnification
• Broad vs. Narrow Scope: Who and What Is Covered?
• Typical Areas of Indemnification: Personal Injury, Property Damage, Liens, and IP Infringement
• First-Party vs. Third-Party Claims
Identifying and Mitigating Risk: Drafting Indemnification Clause Language
• Examples of Onerous Indemnification Language
• Red Flags: Common Categories of Risks to Look for
• Revising Onerous Language
Statutory Limits on the Scope of Indemnification Clauses
• State Law Governs Scope of Legal Indemnification
• Limitations on Requiring Indemnification for Your Own Negligence
• Anti-Indemnification Statutes: Examples
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Dana Molinari-Fox Rothschild LLP, Nicholas T. Solosky – Fox Rothschild LLP
