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Construction Contracts: Waivers of Subrogation, Indemnification, and Contribution

Complexities and Pitfalls of Waiver Provisions for Contractors, Owners, and Insurer

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, October 31, 2022

Recorded event now available

or call 1-800-926-7926

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


Subrogation waivers in construction contracts are frequently overlooked or given short shrift. Still, these insurance provisions can significantly impact the financial situation of the contracting parties and their insurers.

In interpreting subrogation waiver clauses, courts often look to underlying contract provisions, particularly the allocation of risk through insurance, to discern the parties' intent.

Subrogation waivers must be reconciled with indemnity and other contractual contribution provisions. In many scenarios, subrogation is implicitly waived when builder's risk insurance is in place. In others, the insured waiving the right of subrogation may face a denial of coverage under the applicable 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 effect on all parties to the contract.



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


The panel will review these and other key issues:

  • What is the scope of a subrogation waiver included in a construction contract?
  • How do courts interpret subrogation waivers in construction defect matters?
  • What contractual provisions will courts look to when interpreting waiver of subrogation clauses?
  • How do contractual indemnification provisions impact subrogation waivers?
  • Current trends in the market.


Bobotek, James
James P. (Jamie) Bobotek

Pillsbury Winthrop Shaw Pittman

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including...  |  Read More

Mumford, John
John B. Mumford, Jr.

Hancock Daniel & Johnson

Mr. Mumford represents insurance companies in complex coverage litigation in numerous state and federal courts, and...  |  Read More

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