Construction Contract Waivers of Subrogation, Indemnity and Contribution

Navigating the Complexities and Pitfalls of Waiver Provisions for Contractors, Owners and Insurers

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 6, 2017
Recorded event now available


This CLE webinar will provide construction counsel with a review of the validity and effect of waiver of subrogation, indemnification and contribution clauses in construction contracts, how courts interpret waiver provisions, and the impact on all parties to the contract.

Description

Subrogation waivers in construction contracts often do not command the attention from counsel that is needed to protect their clients, especially since these insurance provisions can have a significant impact on the financial situation of the contracting parties.

In interpreting waiver provisions, courts often look at other contract provisions, particularly the allocation of risk through insurance, to discern the intent of the parties. Subrogation waivers must also be reconciled with contractual indemnity and other contribution provisions. In some states, subrogation is implicitly waived when builder’s risk insurance is provided.

A contract that contains a waiver of subrogation must also be reconciled with the terms of the underlying insurance policy. The insured waiving the right of subrogation may face a denial of coverage under policy terms.

Listen as our authoritative panel of practitioners analyzes waivers of subrogation in construction contracts, the validity and effect of waivers, the impact of waivers on contractual indemnification and contribution clauses, how courts interpret waiver provisions, and the impact on all parties to the contract.

Outline

  1. Overview of insurance subrogation in construction contracts
  2. Relationship between waiver of subrogation clause and other potential relevant contract language
  3. Impact on all parties to the contract
  4. Recent case law: interpreting waiver provisions

Benefits

The panel will review these and other key issues:

  • What is generally the scope of a construction subrogation waiver?
  • How are courts interpreting waiver of subrogation provisions in construction defect matters?
  • What other contractual provisions will courts look at when interpreting the waiver of subrogation provision?
  • How do contractual indemnification provisions impact subrogation waivers?

Faculty

William E. Kelley, Jr., Partner
Drewry Simmons Vornehm, Carmel, Ind.

Mr. Kelley focuses his practice in the areas of construction and real estate, and on issues related to green building and sustainability. He assists a wide range of clients with drafting and negotiating construction and design contracts, real estate purchase agreements, and lease agreements. On the litigation side, Mr. Kelley represents design professionals, contractors, owners, developers and insurers with construction, professional liability, and real estate matters.

Peter Martin, Partner
Martin & Martin Law, Dallas

Mr. Martin’s practice spans over 30 years of positive results for clients in trial and appellate courts, at the state and federal levels throughout Texas and across the region. Mr. Martin’s areas of concentration include construction law, personal injury, commercial litigation, contracts, subrogation, insurance defense and professional liability. He often lectures on construction law and contracts.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

The web conference covered the material in an efficient fashion without a lot of duplication.

Matthew W. Willis

Ashley Ashley & Arnold

The computer and telephone sign-on was very easy, and the instructions were straightforward.

Bethany Haslam

TCORS

Strafford webinars are consistently the best organized CLE programs with great content.

Chloe Hecht

Ladas & Parry

The program provided good legal references, good bullet points and good scope.

Tim Thomas

Kolesar & Leatham

The program was practical and showed both sides of the issue.

Kristina Pasko

Lowenstein Sandler

or call 1-800-926-7926

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Counsel

Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Pillsbury Winthrop Shaw Pittman

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.