Many legal departments and lawyers would like to incorporate climate change into their legal documents, but they find the subject vague and amorphous; how does one write a provision to protect against a decadal global temperature change of 0.32ºF? This presentation explains some effective approaches for incorporating climate change risk into contracts using two examples: property insurance provisions in a lease, and a force majeure clause in an unspecified contract.  The approach can be applied to other risk-shifting provisions (e.g., liability insurance, indemnification, time-of-the-essence, representations and warranties) across all manner of contracts.

One hour of CLE credit will be offered to the surrounding MCLE states.

(6/21)