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Indemnification Provisions in Construction Contracts

presented by NBI, Inc.
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Indemnification Provisions in Construction Contracts

Workshop Description/Agenda

Draft and Negotiate Concrete Indemnification Provisions to Avoid Disputes

Drafting and negotiating indemnification provisions in construction contracts is not something that can be learned in law books. It takes years of experience to develop the necessary skills needed to ensure your clients are fully protected. In this full-day focused legal course, experienced construction attorneys will equip you with practical skills you can start using right away to provide maximum protection to all participants in the construction process. Whether you represent contractors, subcontractors, design professionals or owners, this unique course will provide perspectives from all sides of the table. Dig deep into the ins and outs of indemnification provisions in construction contracts and gain years of experience in just one day - register now!

  • Better maintain enforceability and insurability of indemnification provisions.
  • Learn key contract and subcontract provisions, including AIA and Consensus docs.
  • Discover which laws apply to indemnification provisions and how to use them to your client's advantage.
  • Identify key considerations in drafting indemnification provisions to ensure prevention of future disputes.
  • Review sample indemnification provisions in construction contracts.
  • Gain practical strategies for negotiating indemnification.
  • Learn tips for proving liability.


10:00 am - 5:00 pm Eastern Standard Time

  1. Different Construction Contracts, Different Indemnification Provisions
    10:00 - 11:00, Mark R. Becker and Joshua D. Swanson
    1. Key Contract and Subcontract Provisions, Including AIA and Consensus DOCS
  2. Applicable Laws
    11:00 - 12:00, John A. Snow
    1. Statute of Frauds
    2. Economic Loss Rule
    3. Statute of Limitations
    4. Common Law Indemnification and Contribution
    5. Statutes of Repose
    6. Building Codes
  3. Drafting of Indemnification Provisions to Prevent Disputes
    12:15 - 1:15, Mark R. Becker and Joshua D. Swanson
    1. Subcontractor, Contractor and Owner Perspectives
    2. Proper Scope
    3. Specific Language to Use/Not Use
    4. Notice
    5. Control
    6. Settlement
    7. Limitations
    8. Reimbursement
    9. Hold Harmless
    10. Additional Insured Provisions
    11. Common Mistakes/Legal Pitfalls
    12. Waiver, Variation and Estoppel
    13. Indemnity and Additional Insured Coverage
  4. Review of Sample Indemnification Provisions in Construction Contracts
    1:45 - 2:45, Mark R. Becker and Joshua D. Swanson
  5. Negotiating Indemnification Provisions in Construction Contracts: Key Strategies
    2:45 - 3:45, John A. Snow
    1. Owner Perspective
    2. Contractor Perspective
    3. Subcontractors Perspective
  6. Proving Who's Responsible: Architect? Engineer? Designer?
    4:00 - 5:00, John A. Snow
    1. Client Intake: How to Spot Red Flags Quickly
    2. Using Architects, Engineers and Contractors as Experts
    3. Proving Liability: What Evidence do You Need (Be Specific)
    4. Proving Joint and Several Liability
    5. Finding the Source of Construction Loss/Damage
    6. Calculation of Damages
    7. Proving Extent of Responsible Party
    8. Trial Tips

Who Should Attend

This program is designed for attorneys. Paralegals and insurance professionals may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Construction

Training Course Summary: Indemnification Provisions in Construction Contracts

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