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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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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. The AI analyzes your underlying contract's indemnity provisions, insurance requirements, and notice obligations, then maps complaint allegations to the recipient's scope of work to produce a comprehensive, professionally formatted tender letter.

Drafting a tender of defense letter requires painstaking review of complex indemnification clauses, cross-referencing complaint allegations with contractual scope-of-work provisions, and ensuring strict compliance with notice requirements. This manual process often takes hours per letter, and missing a single contractual nuance—such as a carve-out, cap, or notice deadline—can undermine the entire demand and leave your client bearing defense costs they should be shifting.

CaseMark's AI-powered Tender of Defense skill systematically analyzes your contract and complaint documents to extract every relevant indemnification provision, insurance obligation, and notice requirement. It then generates a comprehensive, professionally formatted demand letter that maps specific litigation allegations to the recipient's contractual obligations, ensuring nothing is missed and your client's right to defense and indemnification is preserved.

How it works

  1. 1. Upload the underlying contract, complaint, and factual background 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 mapped obligations

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

What you get

  • Opening Demand with Full Case Caption and Contract Identification

  • Indemnification Clause Analysis and Duty to Defend Trigger

  • Insurance Requirement Obligations and Compliance Demands

  • Complaint Allegation Mapping to Scope of Work

  • Notice Compliance and Procedural Deadline Summary

  • Formal Demand for Defense Assumption and Cost Reimbursement

What it handles

  • Automated analysis of indemnification clauses including broad form vs. limited triggers

  • Insurance requirement extraction with additional insured and primary/non-contributory analysis

  • Notice provision compliance verification with designated recipient and timing checks

  • Complaint allegation mapping to scope-of-work obligations

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

  • Defense cost documentation and deadline tracking integration

Required documents

  • Underlying Contract

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

    .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, photographs, 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 cost records documenting defense expenses incurred to date

    .pdf, .docx, .xlsx

  • Insurance Certificates

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

    .pdf

  • Prior Correspondence

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

    .pdf, .docx, .eml

Why teams use it

Eliminate hours of manual contract review by automatically extracting and analyzing indemnification clauses, insurance requirements, and notice provisions

Ensure no contractual obligation is overlooked with systematic mapping of complaint allegations to the recipient's scope of work

Maintain compliance with contractual notice requirements including proper recipients, delivery methods, and timing deadlines

Accelerate defense cost recovery by generating professionally formatted tender letters ready for immediate dispatch

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 provider contracts, and construction agreements. The AI adapts its analysis to both broad-form and limited indemnification clauses.

Does the letter address both defense and indemnification obligations?

Yes. CaseMark analyzes and separately addresses the duty to defend (including whether it triggers immediately or post-determination) and the duty to indemnify. The generated letter demands assumption of both obligations and addresses defense cost reimbursement where applicable.

How does the AI handle different indemnification clause structures?

CaseMark distinguishes between broad-form indemnification ('arising out of'), limited indemnification ('caused by negligence'), mutual indemnification provisions, comparative fault allocations, and indemnity caps. The letter is tailored to the specific contractual language in your agreement.

Does the letter comply with contractual notice requirements?

CaseMark extracts and incorporates the contract's specific notice provisions, including designated recipients, required delivery methods, and timing requirements. The letter is formatted for certified mail with return receipt requested and addressed to the proper contractual designee.

Can I use this for multiple tenders in the same litigation?

Absolutely. If your client has contracts with multiple subcontractors, vendors, or service providers implicated in the same litigation, you can generate separate tender letters for each party. CaseMark maps the specific complaint allegations relevant to each party's scope of work.

Does the output include insurance obligation demands?

Yes. CaseMark extracts insurance requirements from the contract—including coverage types, minimum limits, additional insured obligations, and primary and non-contributory language—and incorporates demands for proof of compliance into the tender letter.

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