Select Page

Waiver of Subrogation in Construction Contracts: What You Need to Know

In the construction industry, subrogation is a common term used in contracts to protect the interests of all parties involved. When a loss occurs during the construction process, subrogation allows the party that suffered the loss to recover the damages from the party that caused it. However, in some cases, the parties involved may agree to waive subrogation rights. In this article, we will explore what waiver of subrogation means in the context of construction contracts and what you need to know to protect your interests.

What is Waiver of Subrogation?

Waiver of subrogation is an agreement between the parties involved in a construction project to waive their right to recover damages from each other in the event of a loss. This means that if a loss occurs during the construction project, the party that suffered the loss cannot seek compensation from the other party responsible for the loss. The waiver of subrogation does not affect the right of an insurer to seek reimbursement from the party that caused the loss.

Why is Waiver of Subrogation Used in Construction Contracts?

The waiver of subrogation is used in construction contracts to reduce the risk of litigation and to streamline the claims process. It helps to simplify the insurance process for all parties involved by eliminating the need for litigation and providing a single point of contact for claims. This allows for a quicker and more efficient resolution of any issues that may arise during the construction project.

What Are the Risks of Waiving Subrogation?

Waiving subrogation rights can benefit all parties involved in a construction project, but it can also increase their risk exposure. If a loss occurs, the party that suffered the loss may not be able to recover damages from the other party responsible for the loss. This can lead to financial losses and can cause delays in completing the construction project. Furthermore, if the insurance policy does not cover the loss, the party that suffered the loss may have to bear the entire cost of the damages.

How to Protect Your Interests When Waiving Subrogation?

If you decide to waive subrogation rights in your construction contracts, it is important to ensure that your interests are protected. This can be done by carefully reviewing the insurance policies of all parties involved to ensure that they have adequate coverage for the risks involved in the construction project. It is also important to ensure that the waiver of subrogation clause is clearly written and does not contain any ambiguous language that may lead to disputes later on. Finally, it is recommended that you consult with a legal professional experienced in construction contracts and insurance matters to ensure that your interests are fully protected.

Conclusion

Waiver of subrogation is a common practice in construction contracts that can benefit all parties involved. However, it is important to understand the risks involved and to take steps to protect your interests. By carefully reviewing insurance policies, clearly drafting the waiver of subrogation clause, and seeking legal advice, you can ensure that you are adequately protected in the event of a loss during the construction project.