The allocation of risk accomplished by indemnification agreements is often a hotly negotiated term of real estate contracts and leases and, when not negotiated, frequently are not in compliance with applicable state indemnification laws or do not reflect the basis axim that liability should follow control. Unbalanced indemnification provisions frequently arise from unbalanced negotiating positions. This panel will address the nuts and bolts of indemnification agreements and insurance contracts, analyzing how indemnification agreements require one party (the indemnitor), bear the risk of claims against the other party (the indemnitee) for loss and damages claimed by a third party. The role of insurance in providing a source of funds for indemnification obligations will be addressed.
Indemnification and insurance provisions are standard requirements of PSAs, leases, and construction contracts. Standalone indemnity agreements are also frequently employed to balance the rights of a counterparty with its obligations.
Informed counsel must recognize how to protect client interests by deftly structuring indemnification provisions, taking into account state law and respective risks and control in careful drafting.
Listen as our authoritative panel discusses current trends and practical strategies in negotiating these provisions, as well as the advanced arguments made by the parties to these instruments.
Watch Now
lorman
Know how to handle real estate transactions involving contaminated or potentially-contaminated properties. Many real estate transactions involve properties that have known or potentially unknown environmental contamination. Because of the strict liability imposed by environmental statutes it is important that real estate transactions be proceeded by appropriate due diligence and that the existence of any environmental contamination and associated liability be allocated in the Purchase and Sale Agreement or other applicable transaction documents (i.e., lease or financing documents).
Watch Now
The workforce development landscape in commercial real estate is shifting dramatically, with hiring today becoming a very different undertaking than it once was. There aren't enough candidates to fill all of the open positions, and the skills gap is widening. In fact, research shows that the labor shortage is currently impacting as many as 70 percent of all commercial real estate firms. But this current talent pipeline problem can't be blamed on the pandemic and the Great Resignation alone. Factors such as employee disengagement, stagnant wages, poor work culture, financial uncertainty and a lack of mentorship have all contributed to this talent crunch. Hiring and retention have never been easy, but today's labor market has only increased the level of difficulty. So, what are commercial real estate firms to do?
Three industry veterans will share their advice and answer your questions in a wide-ranging virtual discussion.
Watch Now
Brewer Offord & Pedersen LLP
The Law Offices of Peter N. Brewer, a real estate and lending law firm located in the heart of Silicon Valley, recently produced a free webinar covering important legal issues that California landlords needs to know. Discussing deposits, leases, and habitability considerations, attorney Ashlee D. Adkins and Henry Chuang provided critical information for owners, REALTORS®, and investors alike who are considering residential rental properties as a source of additional investment.
Watch Now