Tips and Tactics: Indemnity

Sponsored by The Institute of Certified Construction Industry Financial Professionals

Purchase this archived webinar for the introductory price of only $39! The archived version is an exact replay of the live webinar and is available for you to access for six months.

Exclusive Sponsorship Opportunities

Learn more about sponsoring a webinar, or an entire series.

Webinar-At-A-Glance

Indemnity or hold harmless clauses change the application of common law to allocate one party’s legal liability to another party with whom it has a contractual relationship (e.g., owner to general contractor to subcontractor). The extent to which such contractual liability can be established in construction agreements is governed by complex and varying statutory and common law in the 50 states, and they operate independently of insurance.

This webinar focuses exclusively on contractual liability, how the law affects what can be transferred, and how enforceable indemnity clauses operate. The Contractual Liability Coverage webinar will discuss the insurance available to cover contractual liability. Sample contract provisions and case examples will provide the framework for a discussion of:

• The definition of indemnity
• The nature and extent of liability that may be transferred in indemnity clauses
• How the courts interpret indemnity clauses
• How indemnification clauses operate

Who Should Consider Purchasing

This webinar is designed for P&C agents and brokers, P&C underwriters, and those charged with managing construction risks, purchasing insurance for construction projects (e.g., risk managers and financial managers) or negotiating construction contract provisions. It will also be informative for consultants, surety agents and brokers, surety underwriters, and attorneys who are relatively new to construction law.

Benefits to Your Participation

Attendees will gain a better understanding of how to:

• Evaluate the extent of liability being transferred to their company (or clients) through an indemnity or hold harmless clause
• Ensure their contracts employ enforceable indemnity provisions
• Apply practical strategies to negotiate more reasonable indemnity agreements with others

Continuing Education Credit Information

Attending seven construction-focused IRMI webinars, such as this one, will satisfy the annual reaccreditation requirement for the CRIS^® program. CPCUs attending this webinar will be awarded one (1) CPD (continuing professional development) program point. This webinar has not been filed for and will not satisfy state insurance CE requirements in any state. It has also not been filed for CLE or CPE credit, but you may be able to self-file after attending the program.

Expert Presenter

The presenter for this webinar has extensive experience in representing owners, contractors, sureties, and designers in contract preparation and negotiation and in complex construction litigation.

Gerald I. Katz is senior partner in the law firm of Katz & Stone, L.L.P., with offices in Vienna, Virginia, Washington, D.C., and Rockville, Maryland, and specializes in resolving complex construction disputes. In addition to his practice, Mr. Katz lectures and speaks frequently to owners, contractors, public building officials, subcontractors, suppliers, design professionals, sureties, and others involved in construction on such topics as design-build procurement, construction risk management, negotiating construction contracts, construction claims and claims prevention, design liability, and construction insurance issues. An excellent speaker, he is a recipient of the IRMI Words of Wisdom award.

Following the presentation, attendees will have an opportunity to pose questions to the speaker.