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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, January 21, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide counsel for project owners, general contractors, and subcontractors on mitigating the risks associated with the upstream/downstream dynamics of construction projects. The panel will discuss strategies for vetting downstream insurance coverage and minimizing risk for all parties by balancing indemnification and other terms between the parties while navigating state anti-indemnity statutes.

Faculty

David R. Taubenfeld
Partner
Haynes & Boone LLP

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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John R. Musitano
Partner
Musitano Law, PC

Mr. Musitano is founder and principal of Musitano Law PC in Southern California, specializing in insurance, construction and risk management representation for homebuilders, property owners, developers and contractors. As insurance coverage counsel with over twenty-five years of experience, Mr. Musitano represents policyholders in all aspects of liability and property insurance claims and coverage disputes against insurers. His transactional risk management practice includes counseling clients as to risk transfer tools including indemnification and insurance provisions; the negotiation and implementation of insurance programs, including owner-controlled insurance programs (OCIPs); and risk management strategies for construction contracts, leases and other agreements pertaining to commercial and residential real estate projects and properties. Mr. Musitano is a frequent author and lecturer on insurance and construction law topics.

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Description

While parties to construction projects have historically relied on indemnification and additional insured provisions to manage risk between upstream and downstream parties to the contract, nearly all states have enacted anti-indemnity statutes that curtail these provisions to varying degrees.

For example, a Texas statute voids an indemnity provision in a construction contract if it requires the indemnitor to indemnify, defend, or hold harmless the indemnitee for a claim caused in whole or in part by that indemnitee's own negligence. The law also prohibits requiring the purchase of additional insured coverage that would cover the indemnitee's negligence. Other states have similar laws.

In the construction industry, comprehensive vetting of downstream parties' insurance coverage is vital yet challenging. So, counsel should understand vetting strategies to protect their clients' interests while maintaining compliance.

Listen as our panel of experienced construction lawyers provides expert guidance on vetting downstream insurance coverage for construction projects and offers critical insight on contract terms, pitfalls to avoid, and mitigating risk.

Outline

  1. Introduction
  2. Upstream/downstream risks
    • Owner
    • General contractor
    • Subcontractor
    • Others
  3. Notable state anti-indemnity statutes
    • Impact on indemnification clauses
    • Impact on additional insured clauses
  4. Strategies for vetting downstream insurance coverage: minimizing risk while maintaining compliance
  5. Drafting considerations for indemnification and additional insured provisions
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What impact do state anti-indemnity statutes have on risk transfer between parties to construction projects?
  • How is this reflected in downstream insurance requirements, and what are key drafting considerations for indemnification and additional insured provisions?
  • What are best practices for vetting insurance coverage to mitigate client risk while maintaining compliance?