Construction Contracts: Waivers of Subrogation, Indemnification, and Contribution

This CLE course will provide construction counsel with a practical analysis of the interplay between contractual indemnification provisions and project insurance programs, including the role and effect of waivers of subrogation. The program will focus on how risk is allocated among owners, contractors, designers, and insurers through indemnity clauses, additional insured coverage, and builder's risk and CGL policies, and how courts often interpret these provisions when disputes arise.

Indemnification and insurance provisions sit at the core of risk allocation in construction contracts, yet they are often negotiated and analyzed in silos. Waivers of subrogation, additional insured requirements, and contractual indemnities operate together, and misalignment among these provisions can materially affect coverage, recovery rights, and ultimate financial responsibility for a loss. Courts interpreting indemnification and insurance disputes frequently look beyond a single clause, examining the full contractual risk allocation scheme, including insurance procurement obligations, waiver language, and limits imposed by anti-indemnity statutes.

Listen as our panel of experienced construction practitioners examines how indemnification provisions and insurance requirements work together in practice, how waivers of subrogation fit within that framework, recent case law developments, and practical drafting and negotiation considerations to align contractual risk transfer with available insurance coverage.