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?
James T. Dixon
Partner; Chair of Construction Practice Group
Since 1997, Mr. Dixon has helped members of the construction industry manage risk, avoid loss, and resolve disputes on... | Read More
Since 1997, Mr. Dixon has helped members of the construction industry manage risk, avoid loss, and resolve disputes on projects throughout the country. He drafts and negotiates construction contracts, advises clients during the course of construction, and resolves disputes through mediation, arbitration and litigation. He has handled claims relating to defective construction, schedule delay, disruption and acceleration, differing site conditions, unapproved change orders, payment and performance bonds, and mechanic’s liens, among others. Mr. Dixon has unique experience in advancing bid protests on public projects, in resolving disputes on tunneling projects, and in addressing disputes on projects utilizing the integrated project delivery system. He also resolves transactional real estate disputes in residential and commercial contexts.Close