Risk Transfer / Risk Management
Stone & Johnson is experienced in drafting contract terms for risk transfer. Risk transfer law continues to evolve. Contractors should avoid outdated boilerplate and use current risk transfer provisions in their contracts. Proper risk transfer clauses include (1) contractual indemnity provisions, (2) the procurement of insurance by one party for the benefit of another, (3) transfer of safety obligations, and (4) using language and business forms establishing liability defenses, such as the borrowed servant doctrine.
Because the proper risk transfer provisions vary from state to state, Stone & Johnson maintains a fifty state compendium of case law on risk transfer related issues. This database allows for prompt and efficient review and redrafting of contracts to improve the risk transfer provisions.