Mark A. Rysberg

Mark A. Rysberg

Mark Rysberg practices in the areas of construction law and commercial litigation. He represents construction industry clients involved in complex matters. He has tried cases in numerous state courts, state appellate courts, federal trial courts, federal bankruptcy courts, and federal appellate courts. Mark also assists contractors and business owners with pre-construction consulting relating to public and private contracting endeavors. He maintains an emphasis on minimizing risk by using sound contracting documents, utilizing best practices, and evaluating risk and the ability to transfer the same.

Recent posts by Mark A. Rysberg

6 min read

Indemnification Language in Construction Contracts

By Mark A. Rysberg on Mar 31, 2021 7:45:00 AM

Indemnification is a concept whereby one party contractually agrees or is otherwise legally obligated to bear the financial risks of another party. These parties are respectively known as the indemnitor and indemnitee. The construction industry relies on indemnification clauses to manage and transfer risk. Consider some of the common indemnification provisions that may be encountered in construction contracts.

Topics: Construction
3 min read

Effective Risk Transfer: Key Construction Terms

By Mark A. Rysberg on Mar 3, 2021 9:06:53 AM

The term “risk transfer” means just that: a risk that one party bears is transferred to another. In reality, risk transfer in the context of a contractual transfer of risk from an insured to an insurer is better understood as a transfer of the financial costs of certain risks. For example, if a subcontractor injures a third-party or damages their property, the subcontractor’s commercial general liability policy should provide the subcontractor with defense and indemnification coverage. In other words, the financial cost of a covered risk is transferred from the insured to its insurance carrier. The ability to finance the costs of potential risks is a key tool in how most construction contracts are structured. Here is how.

Topics: Risk Management