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 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.
Outline
- Overview of insurance subrogation in construction contracts
- Relationship between waiver of subrogation clause and other potentially relevant contract language
- Impact on all parties to the contract
- Recent case law: interpreting waiver provisions
Benefits
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.
Faculty
James P. (Jamie) Bobotek
Partner
Pillsbury Winthrop Shaw Pittman
Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including... | Read More
Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. He also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Mr. Bobotek has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.
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John B. Mumford, Jr.
Partner
Hancock Daniel & Johnson
Mr. Mumford represents insurance companies in complex coverage litigation in numerous state and federal courts, and... | Read More
Mr. Mumford represents insurance companies in complex coverage litigation in numerous state and federal courts, and advises insurers on a variety of coverage matters. His practice involves a wide range of insurance coverages, including CGL, professional liability, D&O, auto, workers’ comp, umbrella, property, and business interruption, among others. Mr. Mumford currently serves as Co-Chair of the ABA’s Insurance Coverage Litigation Annual Meeting.
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