Construction Contracts: Waivers of Subrogation, Indemnification, and Contribution

This CLE course will provide construction counsel with a review of the validity and effect of waivers of subrogation and indemnification clauses in construction contracts, how courts interpret waiver provisions, and the impact on all parties.

Subrogation waivers in construction contracts are frequently overlooked or given short shrift. Still, these insurance provisions can significantly impact the financial situation of the contracting parties and their insurers.

In interpreting subrogation waiver clauses, courts often look to underlying contract provisions, particularly the allocation of risk through insurance, to discern the parties' intent.

Subrogation waivers must be reconciled with indemnity and other contractual contribution provisions. In many scenarios, subrogation is implicitly waived when builder's risk insurance is in place. In others, the insured waiving the right of subrogation may face a denial of coverage under the applicable policy terms.

Listen as our authoritative panel of practitioners analyzes 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 effect on all parties to the contract.