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Overview
Control Risks and Negotiate Allocation of Coverage
When working on commercial real estate projects, determining who's responsible for damages if things don't go according to plan is critical. Are you well-versed in types of insurance coverage, common mistakes in boilerplate provisions, and best practices for project-specific due diligence? This guide offers the essential knowledge regarding indemnification and insurance you need when drafting, reviewing, and negotiating PSAs, leases, construction contracts, and other commercial real estate agreements. Build a solid skills foundation for your commercial property practice - register today!
- Tailor your contract clauses to address differing commercial real estate transactions.
- Get a better handle on the extent of different types of insurance coverage.
- Improve your due diligence practices to identify red flags and insurance-related risks.
- Use the interplay of indemnity and insurance clauses to cover all your bases.
- Improve your contract negotiation skills with guidance from the pros.
Abbreviated Agenda
- Indemnification and Limitation of Liability Clauses in PSAs, Leases, and Construction Contracts
- Brief Overview of Insurance Clauses in Commercial Real Estate Contracts
- Understanding Essential Types of Insurance Coverage in Real Estate Contracts
- Common Negotiation Points
- Due Diligence, Risk Management Best Practices, and Common Pitfalls
- Legal Ethics in Commercial Real Estate Practice
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
6 Total | 04-04-2027 |
| Alabama CLE |
|
6 Total | 12-31-2025 |
| Arkansas CLE |
|
6 Total | 06-30-2026 |
| Arizona CLE |
|
6 Total | 04-04-2027 |
| California CLE |
|
6 Total | 04-04-2027 |
| Colorado CLE |
|
7 Total | 12-31-2027 |
| Connecticut CLE |
|
6 Total | 04-04-2027 |
| Delaware CLE |
|
6 Total | 04-04-2027 |
| Florida CLE |
|
7 Total | 10-31-2026 |
| Georgia CLE |
|
6 Total | 12-31-2025 |
| Hawaii CLE |
|
6 Total | 04-04-2027 |
| Iowa CLE |
|
6 Total | 04-04-2026 |
| Idaho CLE |
|
6 Total | 04-04-2030 |
| Illinois CLE |
|
6 Total | 04-03-2027 |
| Indiana CLE |
|
6 Total | 04-04-2026 |
| Kansas CLE |
|
7 Total | 04-03-2026 |
| Louisiana CLE |
|
6 Total | 04-04-2026 |
| Maine CLE |
|
6 Total | 04-03-2027 |
| Minnesota CLE |
|
6 Total | 04-04-2027 |
| Missouri CLE |
|
6 Total | 04-04-2027 |
| Northern Mariana Islands CLE |
|
6 Total | 04-04-2027 |
| Montana CLE |
|
6 Total | 04-04-2028 |
| North Carolina CLE |
|
6 Total | 02-28-2026 |
| North Dakota CLE |
|
6 Total | 04-04-2028 |
| Nebraska CLE |
|
6 Total | 04-04-2027 |
| New Hampshire CLE |
|
6 Total | 04-04-2028 |
| New Mexico CLE |
|
6 Total | 04-04-2027 |
| Nevada CLE |
|
6 Total | 04-04-2028 |
| New York CLE |
|
7 Total | 04-04-2028 |
| Ohio CLE |
|
6 Total | 12-31-2025 |
| Oklahoma CLE |
|
7 Total | 04-04-2027 |
| Oregon CLE |
|
6 Total | 04-04-2028 |
| Pennsylvania CLE |
|
6 Total | 04-04-2027 |
| Rhode Island CLE |
|
6 Total | |
| South Carolina CLE |
|
6 Total | 12-31-2025 |
| Tennessee CLE |
|
6 Total | 04-03-2027 |
| Texas CLE |
|
6 Total | 03-04-2026 |
| Utah CLE |
|
6 Total | 12-31-2025 |
| Vermont CLE |
|
6 Total | 04-04-2027 |
| Washington CLE |
|
6 Total | 04-03-2030 |
| Wisconsin CLE |
|
7 Total | 12-31-2026 |
| West Virginia CLE |
|
7.2 Total | 04-04-2027 |
| Wyoming CLE |
|
6 Total | 12-18-2025 |
Select Jurisdiction
CLE
Agenda
-
Indemnification and Limitation of Liability Clauses in PSAs, Leases, and Construction Contracts
- Scope of Indemnification
- Triggering Events
- Allocation of Risk
- Indemnitor's Defenses and Limitations
- Insurance Requirements
-
Brief Overview of Insurance Clauses in Commercial Real Estate Contracts
- Policy Endorsements and Additional Insureds
- Allocation of Coverage and Loss of Payee Clauses
- Waiver of Subrogation
- Primary and Non-Contributory
- Interplay of Insurance and Indemnification: Overlap, Priority of Coverage, Coordination of Benefits
-
Understanding Essential Types of Insurance Coverage in Real Estate Contracts
- Commercial General Liability (CGL) and Property Insurance
- Environmental Liability and Climate Change Risks
- Umbrella Policy
- Professional Errors and Omissions (E&O)
-
Common Negotiation Points
- Comparative vs. Contributory Negligence
- Sole vs. Concurrent Negligence
- Subrogation
- Notice Requirements and Survival Periods
-
Due Diligence, Risk Management Best Practices, and Common Pitfalls
- Historical Claims, Environmental Site Assessments, and Property-Specific Risks
- Tenant Operations and Compliance Issues
- Broad, Incomplete, or Ambiguous Language
- Coverage Gaps
- M&As and Restructuring
-
Legal Ethics in Commercial Real Estate Practice
- Attorney Fees and Scope of Representation
- Working With Brokers and Real Estate Agents
- Candor and Fairness in Real Estate Negotiations
- Guarding Confidentiality Before and After Each Transaction
Who Should Attend
This legal course is designed for attorneys. Real estate developers, general contractors, commercial lenders, and paralegals will also benefit.
Speakers
Speaker bio
Andrew L. Crabtree
is the principal of the Law Offices of Andrew L. Crabtree, P.C., where his firm focuses on transactional and litigated real estate, landlord-tenant, construction and general commercial business matters. Mr. Crabtree has a broad background in residential condominium development and sales in commercial leasing, and represents commercial owners, developers, purchasers and tenants, including a national franchise chain, in commercial leasing and landlord and tenant matters. He represents businesses and individuals in federal and state trial courts, as well as in arbitrations and before administrative tribunals involving commercial disputes, constitutional claims, partnership and shareholder disputes, breach of contract claims, business torts, unfair competition, employment claims, trade secrets and intellectual property cases. Mr. Crabtree also represents contractors, owners, developers, design professionals, municipalities and state agencies relating to public and private construction and development projects, mechanics' liens, commercial lease disputes and landlord-tenant matters. He is a member of the American Bar Association, New York State Bar Association and Suffolk County Bar Association. Mr. Crabtree earned his B.A. degree, magna cum laude, from the State University of New York at Albany and his J.D. degree from Fordham University Law School.
Speaker bio
Catherine Crane
focuses her practice on risk management and insurance coverage law, advising policyholders on a variety of coverage issues. She has a broad range of experience with coverage matters involving construction defects, builders risk, owner/contractor controlled insurance programs, commercial general liability, excess and umbrella, commercial property, cyber security, representations and warranties, directors and officers, and employment practices insurance. In her risk management practice, Ms. Crane assists clients in evaluating potential causes of loss, recommending and implementing preventive measures, and devising plans to minimize costs and maximize insurance coverage. She holds an Associate in Risk Management (ARM) certification, nationally recognized credentials reflecting her comprehensive grasp of the risk management process and proficiency in providing knowledgeable advice and practical strategies for evaluating any organization's exposures to accidental and business losses. In addition, Ms. Crane advises clients regarding truth in advertising and consumer fraud law, unfair trade practices and antitrust issues, and assists companies involved in government investigations. She also has experience with employment law and business litigation, including employee benefits (ERISA) litigation and the defense of employment discrimination claims. Prior to joining Holland & Hart, Ms. Crane worked with the Federal Trade Commission in Washington D.C., focusing on antitrust, unfair trade practices and consumer protection laws. she also was a regulatory analyst at the U.S. Environmental Protection Agency, where she worked on Clean Water Act, Ocean Dumping Act, and land use issues. Ms. Crane earned her B.A. degree from Syracuse University; her M.S. degree from State University of New York, College of Environmental Science & Forestry; and her J.D. degree from George Mason University School of Law.
Speaker bio
Ricardo Aponte-Parsi
is a real estate and corporate counsel with a 22+-year track record of assessing risk, managing litigation, and building compliance systems to protect organizational interests. Trusted business partner and problem solver, dedicated to delivering exceptional results that advance business objectives through preventive counseling, strategic risk management, and shrewd advocacy. Collaborative team leader and project manager who builds relationships, leads change, and communicates effectively with private and public stakeholders. He obtained a bachelor's degree from Syracuse University (1994) with a major in international relations and his law degree from the Interamerican University of Puerto Rico School of Law (2000). In May 2014, he completed a Master of Laws from Northwestern University School of Law and a Certificate in Business Administration from IE Business School in Madrid, Spain. In 2018, he completed a second LL.M. at Georgetown University Law School in Securities and Financial Regulation. In 2022, he completed a certification in Privacy Law from Seton Hall University School of Law. He was president of the Board of the Puerto Rico Education Council, the licensing agency for the Commonwealth, and is currently the chairman of the Board of Trustees of the San Juan Community College. Since November of 2024, he has worked as an attorney-advisor for the United States Air Force Installations, Energy and Environmental Law Division (SAF/GCN) at Lackland Air Force Base, in San Antonio, Texas. SAF/GCN provides legal and policy advice to members of the Secretariat, the Air Staff, and the Space Staff on virtually all matters relating to the Department's 180 installations, nearly 10 million acres of real estate, Base Realignment, and Closure; annual $7 billion installation and operational energy budgets; annual multibillion-dollar military construction program; $8.3 billion military privatized housing portfolio; programs for environmental planning, compliance, and restoration and natural and cultural resources management; and programs for safety and occupational health. The Division advises the Center of Excellence for Environment, Facilities, and Installations and the Energy, Environmental, and Installations Directorates within the Air Force Civil Engineer Center.
Speaker bio
John T. Banjak
is a principal and serves as general counsel of True Title Company LLC in St. Louis. He has extensive experience in all facets of the title insurance profession from a legal, title professional and consulting standpoint. Before opening his current company, Mr. Banjak served as president and general counsel for three reputable St. Louis title agencies and as regional underwriting counsel for a national title insurance underwriter. He is licensed to practice law in the state of Missouri, and is a member of the Bar Association of Metropolitan St. Louis. Mr. Banjak earned his B.S. degree from Indiana University and his J.D. degree from Washington University in St. Louis.
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