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

Understand Virginia's 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 Virginia's 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.

Runtime: 88 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on July 13, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

W. Alexander Burnett, Esq.

W. Alexander Burnett, Esq.

Williams Mullen

  • Partner with Williams Mullen
  • Focuses practice on construction litigation, bankruptcy and creditors' rights, real estate litigation including landlord/tenant matters, as well as general commercial litigation
  • Serves a broad spectrum of clients involved in the construction industry including banks, owners, general contractors, subcontractors and suppliers
  • Achieved the highest rating with Martindale-Hubbell Law Directory
  • Recognized as a "Rising Star" in General Litigation and Construction Litigation by Virginia Super Lawyers magazine (2009, 2011 to present) and named as a "Legal Elite" by Virginia Business magazine (2011 to present). Listed in The Best Lawyers in America® for Construction Law (2017 to present)
  • J.D. degree, cum laude, University of Richmond School of Law; B.A. degree, University of North Carolina Chapel Hill
  • Can be contacted at 804-420-6481
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Product ID: 400640
Published 2017
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