On August 10th, Cohen Seglias Partner Jonathan Cass presented his Philadelphia Bar Association Happy Hour CLE, “So, Have You Updated Your Construction Contract Forms?” hosted by the Construction Law Committee. This CLE program explained risk transfer provisions in construction contracts so that you can effectively protect your construction-related clients. To register for this event, please visit the Philadelphia Bar Association website.
Due to the inherent risk in construction projects, contractual risk transfer provisions are important whether you represent owners/developers, contractors or subcontractors. Too many practitioners do not understand the importance or meaning of standard insurance requirements in construction contracts, or what constitutes an enforceable indemnification provision. As a result, they rely on form contracts that contain indemnification and insurance provisions that are out-of-date or were poorly drafted in the first place.
Featured speaker, Jonathan Cass gave a practical and entertaining overview of indemnification provisions and insurance requirements in construction contracts so that you can better protect your clients. Cass used his superior intellect, charm and handsome good looks to translate risk transfer provisions that appear to be incomprehensible gobbledygook into something akin to English.”
This presentation included:
- A discussion of the importance of indemnification provisions and how to draft them so that they are enforceable.
- An analysis of different indemnification provisions including the standard AIA provisions, and an exemplary provision from a major general contractor.
- Explanations of the insurance requirements that you should be including in your contracts, and what the requirements actually means in plain English.
- The necessity of builders’ risk insurance during construction and what it does and does not cover.