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Who's Got Your Back? Virginia's Indemnity Laws and Risk Shifting Clauses in Contracts - Webinar

  • ID: 4302598
  • Webinar
  • Region: Virginia
  • 90 Minutes
  • Lorman Business Center, Inc.
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Understand Virginias indemnification laws and learn to spot and modify troublesome provisions.

Indemnification provisions and other risk shifting clauses delineate and shift contracting parties liability on a project. Sophisticated owners and contractors spend lots of time and money creating custom tailored contracts that significantly alter the balance of the parties risk. If you fail to spot, understand, and modify these clauses before you sign the contract, you may significantly increase your obligations, potential liabilities, and overall risk profile on a particular project. This material will help you understand Virginias indemnification laws and will help you spot and modify troublesome risk shifting provisions. This information is critical for anyone who reviews construction contracts so you can modify or avoid those killer contract clauses.

Learning Objectives
  • You will be able to describe Virginias laws on indemnification.
  • You will be able to identify troublesome risk shifting clauses and shift the risk back to neutral.
  • You will be able to discuss why certain indemnification clauses are invalid or unenforceable.
  • You will be able to explain the differences between common law indemnity, contractual indemnity and contribution.
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The Difference Between "Defend," "Hold Harmless" and "Indemnify"
  • Indemnity
  • Hold Harmless
  • Defense
Common Law vs. Contractual Indemnity
  • Express Indemnity (Contract Based)
  • Implied/Common Law Indemnity
  • Contribution (Statutory in a Tort Claim)
Recent Developments in Virginia Indemnity Laws
  • Uniwest Constr., Inc. v. Amtech Elevator Services Case
  • Other Recent Case Decisions
  • State Laws Narrow the Scope or Enforceability of Written Indemnification Clauses
Other Risk Shifting Clauses
  • The "Additional Insured" Clause
  • Attorneys' Fee Clauses
  • Pay If Paid
  • Claims and Disputes Clauses
Spotting Important Risk Shifting Provisions in Contracts
  • Standard Provisions Found in Form Contracts Such as AIA and ConsensusDocs
  • Typical Provisions in Custom Made Form Contracts
  • How to Shift the Balance Back to Neutral
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W. Alexander Burnett, Esq. - Williams Mullen
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This webinar is designed for construction and project managers, engineers, presidents, vice presidents, owners, architects, controllers, accountants, contract managers and attorneys.
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