Allocating and managing risk are two fundamental components of a construction contract. And although the inclusion or exclusion of three words - ‘waiver of subrogation' - can dramatically change who may end up paying whom for what, few truly understand the meaning of a subrogation waiver, much less the implications of including one in your construction contract and how it might best be worded to best suit your particular project. This topic helps those who are responsible for drafting, negotiating, or administering construction contracts to understand the significance of an insurer's subrogation rights, why you may or may not want the insurer to waive such rights, and how such a waiver might affect other project participants. The material also discussed the various aspects of how such waivers work and waiver language commonly used in industry contracts. This topic will equip you with the information necessary to effectively navigate and negotiate the waiver of subrogation provisions in your construction contracts.

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