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There’s two ways in construction defect cases that you can risk transfer, again, via contractual provisions, there would be an indemnity provision within the contract that would require the party that’s assuming the risk to assume liability, hold harmless whoever the what we call indemnitees. And then also, via an additional insured requirement within the contract and that would require that the party assuming the risk secures an insurance policy that names and identifies the party transferring risk as an additional insured. And that gives the party that’s transferring the risk both their own insurance as well as the rights under the assuming party’s insurance.
Phoenix, AZ commercial litigation attorney Suzette Doody talks about using risk transfer in construction defect cases.