Construction Contract Waivers of Subrogation, Indemnity and Contribution

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

A live 90-minute CLE webinar with interactive Q&A


Thursday, July 6, 2017 (in 10 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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.

Stephen D. Palley, Of Counsel
Anderson Kill, Washington, D.C.

Mr. Palley focuses his practice on litigation, trial practice and insurance coverage. He has represented owners, general contractors, construction managers and others in connection with insurance transactions and litigation for tens of billions of dollars of construction projects throughout the U.S. In 18 years of litigation experience, Mr. Palley has handled construction insurance disputes and other insurance disputes in state and federal courts across the U.S., along with a broad range of commercial litigation, products liability and other matters.


Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

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Robinson & Cole

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Counsel

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Partner

Bryan Cave

Thomas C. Homburger

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Pillsbury Winthrop Shaw Pittman

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