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This CLE webinar will provide construction counsel with a review of the validity and effect of waiver of subrogation, indemnification and contribution clauses in construction contracts, how courts interpret waiver provisions, and the impact on all parties to the contract.
Subrogation waivers in construction contracts often do not command the attention from counsel that is needed to protect their clients, especially since these insurance provisions can have a significant impact on the financial situation of the contracting parties.
In interpreting waiver provisions, courts often look at other contract provisions, particularly the allocation of risk through insurance, to discern the intent of the parties. Subrogation waivers must also be reconciled with contractual indemnity and other contribution provisions. In some states, subrogation is implicitly waived when builder's risk insurance is provided.
A contract that contains a waiver of subrogation must also be reconciled with the terms of the underlying insurance policy. The insured waiving the right of subrogation may face a denial of coverage under policy terms.
Listen as our authoritative panel of practitioners analyze waivers of subrogation in construction contracts, the validity and effect of waivers, the impact of waivers on contractual indemnification and contribution clauses, how courts interpret waiver provisions, and the impact on all parties to the contract.
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