Shared Workspace Leases in Wake of COVID-19: Risk Mitigation, Insurance, Negotiating Key Provisions

This CLE course will address the distinct legal problems facing commercial landlords and tenants of co-working or shared office space in the wake of the COVID-19 pandemic. Our panel will look at ways to mitigate liability and how to best negotiate provisions between parties in the new normal.

Social distancing is currently the new normal, and with it, specific legal issues arise related to shared workspaces and associated agreements. The desire to mitigate liability to multiple individuals may stunt future growth in this sector. The question remains whether shared workspaces can continue to offer those services in the near future or long term.

Short-term occupancy agreements, collaborative environments, and turn-key features were considered advantages over traditional commercial leases for early-stage companies, small businesses, and freelancers. Will it still be possible to continue these arrangements in a COVID-19 world? Counsel should assess risks for the parties where the end-user has a license in an agreement rather than a leasehold.

Other considerations include identifying insurance coverage to protect their businesses, employees, and clients from infection or disease and addressing potential liability for infection-related claims in the initial or renegotiated contracts.

Attorneys representing all stakeholders in these agreements must consider how the current and future pandemics create issues with terms of consent, revocation, and termination.

Listen as our panel of experts in real property transactions provides practical guidance on new or revised shared workspace agreements considering current social distancing and potential future pandemics