Revising Construction AIA Contracts and Effective Risk Transfer: Waivers of Subrogation and Builder's Risk Policies
Allocating Liability Amongst Owners, Designers, Architects, GCs, and Subcontractors
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will address construction counsel's concerns on risk management via the use of waivers of subrogation and builder's risk insurance policies. The panel will discuss revising AIA and other standard forms to equitably distribute liabilities among the contracting parties--general contractor, subcontractors, suppliers, architects, and the owner.
- Overview of subrogation in AIA construction contracts
- Insurer consent
- Scope of the waiver
- Definition of "work"
- Relationship between waiver of subrogation clause and other potentially relevant contract language
- Impact on all parties to the contract
- The interplay of subrogation and builder's risk
- Recent case law: interpreting waiver provisions
The panel will review these and other key issues:
- What is generally the scope of a construction subrogation waiver in AIA Forms?
- How can subrogation clauses be specialized to clarify issues of insurer consent, the scope of the waiver, and how work is defined?
- What is the interplay of subrogation and builder's risk insurance?
- 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?
Lawrence T. Bowman
Kane Russell Coleman Logan
For more than three decades trial lawyer Mr. Bowman has represented clients in complex commercial litigation, including... | Read More
For more than three decades trial lawyer Mr. Bowman has represented clients in complex commercial litigation, including construction, energy, contractual, tort, product liability, intellectual property, antitrust, and securities matters. He counsels a broad spectrum of individual corporate and insurance company clients in the courtroom during trials and around the negotiation table in the settlement of significant cases. Mr. Bowman frequently advises contractors and subcontractors and other construction-related companies dealing with disasters such as fires, crane failures, and structural collapses. The process of large-scale commercial construction comes fraught with many kinds of risks, and his clients rely on him to guide them through the aftermath of accidents, injuries, construction defects, and other challenging situations.Close
David H. Fisk
Kane Russell Coleman Logan
Mr. Fisk concentrates his practice on large-loss property subrogation and construction matters, primarily representing... | Read More
Mr. Fisk concentrates his practice on large-loss property subrogation and construction matters, primarily representing businesses, homeowners, and builder’s risk, property, and liability insurers pursuing substantial property damage claims. The property damage matters he takes on are primarily the result of events that include construction and design defects, fires, explosions, machinery and equipment failures, gas and water leaks, and transit losses. Mr. Fisk maintains a particular interest in construction defect claims, but his vast experience and broad knowledge base handling all types of property loss claims. On the subrogation side of his practice, he works diligently to keep his clients’ claims moving forward and to procure recoveries in a timely and cost-effective manner.Close