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? Our presentation explains our approach 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. Fundamentally, we promote a deeper understanding of both the risks at issue, and the tools available to address them. 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.