David Fisk | Framing Issues In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract. Even where the contracting parties agree to include a waiver of subrogation, a form waiver of subrogation… Continue reading Waiver of Subrogation Provisions in Construction Contracts – Part Two
Tag: Waiver of Subrogation
Waiver of Subrogation Provisions in Construction Contracts – Part One
David Fisk | Framing Issues Larry Bowman and I recently wrote a 44-page white paper on “The Ins and Outs of Waivers of Subrogation.” Larry presented our paper at the 34th Annual Texas Construction Law Conference sponsored by The Construction Law Foundation of Texas and The Construction Law Section of the State Bar of Texas, which… Continue reading Waiver of Subrogation Provisions in Construction Contracts – Part One
“I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties
Rahul Gogineni | The Subrogation Strategist | June 27, 2019 In Gables Construction v. Red Coats, 2019 Md. App. LEXIS 419, Maryland’s Court of Special Appeals considered whether a contractual waiver of subrogation in the prime contract for a construction project barred a third party – a fire watch vendor hired to guard the worksite –… Continue reading “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties
Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
William L. Doerler and Victoria Phillips | CLM | May 3, 2018 Construction defect claims often are complicated by a variety of issues, including those related to the statute of repose and contractual bars to recovery. In order to maximize the subrogation potential for these claims, you should deconstruct any potential subrogation barriers and, upon… Continue reading Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
Waiver of Subrogation Provisions in Construction Contracts
James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | May 6, 2017 Despite the potential financial significance to the contracting parties, the drafting, review, and approval of insurance provisions in construction contracts is frequently delegated to non-lawyers or simply ignored. Other times, the parties insert boilerplate language, such as the… Continue reading Waiver of Subrogation Provisions in Construction Contracts