The balancing of risk is an essential aspect of commercial transactions. In many instances, indemnity clauses provided a very useful facility to secure the position of parties.
However, it is worth considering whether such clauses are really necessary in a contract and, if they are, how they might be used to best advantage to clarify the client’s expectations and to avoid conflict if possible.
- Learn more about the use of indemnity clauses to deal with risk management, some particular issues with indemnities and the circumstances where risk may be better dealt with using alternative contractual remedies.
- Gain insights into those factors that need to be taken into account when drafting indemnity clauses, how they can be tailored to the client’s needs and the court’s approach to their interpretation when conflict arises.
- Understand better the way in which indemnity clauses are used in a number of industry specific contracts, e.g. construction, and how these relate to insurance and other considerations.
Who should view?
All lawyers involved in contractual matters including commercial, litigation, construction, in-house and property law. General practitioners may also benefit.
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David is a partner at Buddle Findlay in Auckland. He specialises in commercial litigation. He has over 15 years' experience in resolving banking and finance, insolvency, construction, property, professional negligence and contractual disputes in both New Zealand and England.
David works with a number of Buddle Findlay clients across a range of sectors, particularly financial institutions, insolvency practitioners, public bodies and private and corporate clients.
David appears in all courts and is experienced in a broad range of alternative dispute resolution, including mediation, arbitration and expert determination.
Aaron specialises in complex commercial disputes and insurance law. He is a partner at Duncan Cotterill, and is a member of the firm’s national insurance and litigation teams.
Aaron has extensive experience acting for liability and property insurers in both New Zealand and Canada advising on coverage issues and defending insured claims, many of which arise out of disputes on construction projects or supply of goods and services.
Aaron writes regularly on insurance issues, and chaired the annual ANZIIF Liability Conference in Auckland in May 2016. He recently presented on insurance issues in construction at the building and construction law conference hosted by Legalwise Seminars in March 2017 and at the June 2017 annual conference for the Society of Construction Law. He is a member of the New Zealand Insurance Law Association and the Society of Construction Law New Zealand.