Effectively navigate and negotiate the waiver of subrogation provisions in your construction contracts.
Allocating and managing risk are two fundamental components of a construction contract and although the inclusion or exclusion of three words, waiver of subrogation, can dramatically change who may end up paying whom for what, few truly understand the meaning of a subrogation waiver, much less the implications of including one in your construction contract and how it might best be worded to best suit your particular project. This topic helps those who are responsible for drafting, negotiating, or administering construction contracts to understand the significance of an insurer’s subrogation rights, why you may or may not want the insurer to waive such rights, and how such a waiver might affect other project participants. The material discusses the various aspects of how such waivers work and waiver language commonly used in industry contracts. This topic will equip you with the information necessary to effectively navigate and negotiate the waiver of subrogation provisions in your construction contracts.
Learning Objectives
- You will be able to review what subrogation is.
- You will be able to explain what a waiver of subrogation means to insurers.
- You will be able to identify the elements of a waiver of subrogation.
- You will be able to discuss how to enforce a subrogation waiver.
Agenda
Overview
What Is Subrogation?
- Definition
- Examples and Hypotheticals
Why Should I Care About Waiving Subrogation Rights?
- What a Waiver of Subrogation Means to Insurers
- What a Waiver of Subrogation Means to Insureds
- What a Waiver of Subrogation Means to Additional Insureds
- What a Waiver of Subrogation Means to Third Parties
The Elements of a Waiver of Subrogation
- The Contractual Agreement to Waive Subrogation Rights
- The Waiver of Subrogation Rights
Enforcing a Subrogation Waiver
- Against an Insurer
- Against an Insured
- Against a Third Party
Speakers
Clark T. Thiel, Esq., AIA,
Pillsbury Winthrop Shaw Pittman LLP- Partner with the law firm Pillsbury Winthrop Shaw Pittman LLP and chair of its construction practice group and member of the firm’s Insurance Recovery & Advisory practice, named by Law360 as a practice group of the year in 2015 and 2016
- Registered architect in multiple states; licensed contractor in California
- Advises and represents owners, developers, and contractors in the drafting and negotiation of design, construction and insurance agreements, and compliance with jurisdictional requirements for the performance of construction and design services
- Provides advice and counselling with regard to troubled projects in the areas of cost overruns, delay and acceleration claims, construction defects, design liability, and insurance recovery
- Represents public and private owners, developers, design professionals, general contractors and subcontractors in the resolution of disputes through litigation, arbitration and mediation
- Can be contacted at 415-983-1031 or clark.thiel@pillsburylaw.com
Alexis Wansac,
Pillsbury Winthrop Shaw Pittman LLP- Associate with the law firm Pillsbury Winthrop Shaw Pittman LLP, specializing in trial-related work
- Experienced in construction, manufacturing, real estate and insurance related matters, with amounts in controversy in excess of $600 million
- Represents public and private owners, developers, design professionals, general contractors and subcontractors in the resolution of disputes through litigation, arbitration and mediation
Who Should Attend
This live webinar is designed for construction and project managers, engineers, architects, presidents, vice presidents, contractors, subcontractors, developers, contract managers, purchasing professionals, government officials, accountants, and attorneys.
