Source: https://www.procopio.com/, November 4, 2025
By: Laurence R. Phillips, Alexandra (“Sasha”) Selfridge and Preston Cavignac

For companies in construction, development, or any industry reliant on major capital projects, the current risk environment is fraught with complexity. Material costs are volatile, insurance carriers are tightening coverage, and courts continue to expand or limit indemnity and exclusion clauses in ways that shift millions of dollars in exposure.

For corporate decision-makers, the wrong contract structure, a neglected exclusion, or a delayed claim notice can turn a profitable project into a loss. It’s important to not just review terms, but seek to anticipate where the next claim or cost escalation will arise and design protections before the contract is signed. Read more.