Probate & Property - September/October 2023, Vol. 37, No. 5

Page 49

The Most Important Things to Know When Insuring Lease Work Letter Construction

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Projects, Part One

Liability Insurance By Janet M. Johnson

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his article is Part One of a two-part series on insurance for construction projects governed by commercial lease work letters under which either the landlord or the tenant is responsible for engaging the contractor to perform the work. This part focuses on liability insurance. Part Two will focus on property insurance. This article is a companion to the recent two-part article published in Probate & Property magazine by Marie A. Moore and G. Trippe Hawthorne on lease work letters, which addressed the non-insurance obligations of the parties to a lease concerning the construction of tenant improvements to the premises. Introduction to Insurance for Work Letters When a landlord embarks on a construction-related leasehold improvements project for an existing or new tenant, both the landlord and the tenant must consider what type of liability insurance and what type of property insurance should be procured and by which party. This is also true when a tenant that either occupies or Janet M. Johnson is a partner in the Chicago, Illinois, office of ArentFox Schiff LLP.

Published in Probate & Property, Volume 37, No 5 © 2023 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

September/October 2023 47


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