Originally published in the Colorado Real Estate Journal, December 21, 2011 - January 3, 2012.

With the storm clouds of a double-dip recession fading and economic news hinting that gradual recovery is the more probable course, commercial real estate trends will be watched carefully in 2012. As we approach year-end, this article will briefly review some of this year’s important developments in legislation and case law that may affect the real estate industry: 

• Indemnity provisions in commercial lease agreements. Indemnity agreements can be a powerful risk-shifting tool in commercial lease agreements. The recent Colorado Supreme Court decision in Constable v. Northglenn LLC, 248 P.3d 714 (Colo. 2011), provides guidance in drafting enforceable indemnity provisions. The case involved a dispute between the owner of a shopping center and its tenant in the context of a third-party injury lawsuit. The tenant claimed that an indemnity provision in favor of the landlord for the landlord’s own negligence was unenforceable because such provisions violate public policy. The Colorado Supreme Court disagreed. The court addressed enforceability of indemnity provisions and articulated several rules applicable in this context...

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