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Tender of Defense

Draft Tender of Defense Letters in Minutes, Not Hours

12 minutes with CaseMark

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2. Upload the files you want analyzed.

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Tender of Defense

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Workflow

Tender of Defense

Overview

CaseMark's Tender of Defense skill automates the drafting of contractual demand letters requiring a contracting party to assume defense and indemnification obligations in pending litigation. By analyzing indemnity provisions, insurance requirements, notice obligations, and complaint allegations simultaneously, it produces comprehensive, professionally formatted tender letters ready for review and delivery.

Drafting a tender of defense letter requires painstaking cross-referencing between complex indemnification clauses, insurance provisions, notice requirements, and complaint allegations. Attorneys must manually extract and synthesize information from multiple documents, a process that is time-consuming, error-prone, and risks missing critical contractual triggers that could undermine the demand.

CaseMark automates the entire analysis and drafting workflow. The AI simultaneously extracts indemnity provisions, insurance obligations, notice requirements, and complaint allegations, then synthesizes them into a comprehensive, professionally formatted tender of defense letter. Attorneys can review, customize, and deliver the letter in a fraction of the time traditional drafting requires.

How it works

  1. 1. Upload the underlying contract, complaint, and supporting factual documents

  2. 2. AI analyzes indemnity provisions, insurance requirements, notice obligations, and complaint allegations

  3. 3. Review and customize the generated tender of defense letter with case-specific details

  4. 4. Export the finalized letter in your preferred format (DOCX, PDF) for certified mailing

What you get

  • Opening Demand with Full Case Caption and Contract Identification

  • Indemnification Clause Analysis and Trigger Assessment

  • Insurance Requirement Summary and Compliance Demands

  • Complaint Allegations Mapped to Recipient's Scope of Work

  • Notice Compliance Documentation

  • Defense Cost Records and Reimbursement Demands

  • Deadline and Response Requirements

What it handles

  • Automated indemnification clause analysis — broad form vs. limited scope

  • Insurance requirement extraction including additional insured and primary/non-contributory language

  • Complaint cross-referencing to map allegations to recipient's scope of work

  • Notice provision compliance with designated recipient and delivery method identification

  • Professional letter formatting with proper caption, reference lines, and certified mail designations

  • Procedural deadline tracking for responsive pleadings and discovery schedules

Required documents

  • Underlying Contract

    The commercial agreement containing indemnification clauses, insurance requirements, notice provisions, and scope of work

    .pdf, .docx

  • Complaint or Petition

    The filed complaint or petition in the pending litigation, including case caption, court, case number, and specific allegations

    .pdf, .docx

  • Factual Background Documents

    Incident reports, correspondence, photos, witness statements, or other documents establishing the factual basis for the tender

    .pdf, .docx, .jpg, .png

Supporting documents

  • Defense Cost Records

    Billing summaries, fee statements, or invoices documenting defense costs already incurred

    .pdf, .docx, .xlsx

  • Insurance Certificates

    Certificates of insurance or policy documents from the contracting party for reference

    .pdf

  • Prior Correspondence

    Any prior communications with the contracting party regarding the incident or indemnification obligations

    .pdf, .docx, .eml

Why teams use it

Reduce drafting time from hours to minutes while producing thorough, well-structured tender letters that address every contractual obligation

Minimize the risk of overlooking critical indemnity triggers, insurance requirements, or notice conditions that could jeopardize your client's rights

Strengthen your demand by automatically mapping complaint allegations to the recipient's contractual scope of work

Maintain consistency and professionalism across all tender of defense correspondence with standardized formatting and comprehensive legal analysis

Questions

What types of contracts does this work with?

CaseMark's tender of defense skill works with virtually any commercial agreement containing indemnification provisions — including subcontractor agreements, vendor contracts, property management agreements, service agreements, and construction contracts. The AI adapts its analysis to the specific indemnity language in your contract.

Does it distinguish between broad form and limited indemnification?

Yes. CaseMark analyzes whether the indemnification clause uses broad form language ('arising out of') versus limited scope ('caused by negligence') and tailors the demand letter accordingly. It also identifies duty-to-defend triggers, comparative fault allocations, and any caps or carve-outs.

How does the AI connect the complaint allegations to the contract?

CaseMark cross-references specific paragraphs and allegations in the complaint against the recipient's contractual scope of work. This mapping strengthens your demand by demonstrating that the claims fall squarely within the indemnification obligation.

Will the letter comply with contractual notice requirements?

CaseMark extracts notice provisions from the contract — including designated recipients, required delivery methods, and timing requirements — and incorporates them into the letter. This helps ensure your tender satisfies contractual notice conditions to preserve your client's rights.

Can I include defense costs already incurred?

Absolutely. If you upload billing summaries or fee statements, CaseMark will incorporate defense cost reimbursement demands into the letter. The AI structures these demands with reference to the applicable indemnification provisions.

Does the output address insurance obligations as well?

Yes. CaseMark extracts insurance requirements from the contract — including coverage types, minimum limits, additional insured obligations, and primary and non-contributory language — and includes demands for the recipient to tender the matter to their insurer.

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