Cyber Destruction of Your Construction Project

In our Spring webinar with NREI, RCLCO outlined an approach to contrarian investing in real estate – a framework for identifying where long-term fundamentals and the current attention of capital are misaligned. The challenge, of course, is pricing the risk in this approach and understanding where you are getting paid for avoiding the herd mentality and where you are taking long bets with uncertain payoff. Almost 1,000 people watched the first webinar, and a majority expressed an interest in this approach to investing, but with the primary hesitations arising from the difficulties in underwriting this type of investment and in figuring out how these strategies fit within a broader real asset investment portfolio.

One of the more complex commercial leasing areas involves insurance provisions and how they relate to indemnities for third-party and first-party claims. Businesses can address these risk allocation issues with liability and property coverage, but counsel must ensure indemnity provisions that do not impede insurance coverage. Counsel must identify the potential, relevant casualty loss exposures and the scope of the applicable insurance policy(ies) when drafting insurance requirements to apply to each party. A vital issue in liability coverage is the ability to access the other party's coverage in the face of a contractual liability exclusion and other policy limits. The parties should obtain additional insured status to confirm insurance coverage of contractual indemnification under the lease. Listen as our panel of real estate attorneys looks at casualty and liability insurance issues critical to landlords and tenants negotiating a real estate lease. The panel will discuss essential coverage and contract provisions to require insurance coverage and maximize coverage benefits. The program will also discuss other coverage issues relevant to commercial leases, including exclusions, proof of coverage, additional insured and loss payee parties, and primary/excess coverage.

Real estate is an important component of any diversified portfolio. As a way to enhance a fixed-income portfolio, investors can consider real estate ETFs for an alternative yield-generating option to hedge against inflationary pressures and potentially generate attractive returns and growth in the environment ahead.

This topic will explain how to preempt various issues during the negotiation and drafting phases, with an eye toward securing an optimal contract for one's client. It will also address the types of issues that surface as the transaction unfolds, whether during the due diligence phase or even at settlement, offering practical solutions and practice tips. Finally, it will cover litigation topics and cost-benefit strategies to assist you with delivering the most value-added legal services to your clients.