Strafford Webinar: Risk Mitigation in Government Contracting: Drafting Indemnification and Limitation of Liability Clauses
Webinar Event: Wednesday, August 28, 2019
This CLE webinar will guide counsel in drafting and negotiating indemnification and limitation of liability provisions in government contracting. The panel will address the significance of these clauses in the government contracting context, identify innovative approaches to drafting these clauses, and offer best practices to enable counsel to structure agreements that lead to high-yield, low-risk government contracting.
- FAR clauses
- Scope of liability in U.S. government prime and subcontracts
- Drafting indemnification provisions
- Drafting limitation of liability provisions
- Innovative techniques for prime contractors and subcontractors to reduce risk
- Special issues in mergers and acquisitions
- Latest cases, decisions, and trends
- Examples of best practices
The panel will review these and other crucial issues:
- What are the parameters of the government’s indemnification responsibility under DOJ opinions, OMB guidance, and the FAR, and how can parties alter these obligations contractually?
- How can counsel best mitigate risk when drafting and negotiating indemnification and limitation of liability provisions in government subcontracts and joint ventures?
- How do these liability issues impact the merger and acquisition context?
- What approaches have proven effective for counsel in negotiating indemnification and limitation of liability provisions in government contracts?
- What enforceability challenges do primes and subs commonly face?