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Waiver of Subrogation Clauses and Provisions in Construction Contracts - Webinar

  • ID: 4606154
  • Webinar
  • September 2018
  • 90 Minutes
  • Lorman Business Center, Inc.
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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 insurers 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 also discussed 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 define subrogation.
  • You will be able to identify the benefits of subrogation.
  • You will be able to recognize when it might be appropriate to waive subrogation.
  • You will be able to explain why a waiver of subrogation clause may be helpful or harmful.
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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
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Clark T. Thiel, Esq., AIA - Pillsbury Winthrop Shaw Pittman LLP
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This webinar is designed for construction and project managers, engineers, presidents, vice presidents, contractors, subcontractors, developers, contract managers, purchasing professionals, government officials, accountants and attorneys.
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