Waiver of Subrogation Provisions in Construction Contracts | Brouse McDowell | Ohio Law Firm

Waiver of Subrogation Provisions in Construction Contracts

By Amanda M. Leffler on May 6, 2016

Despite the potential financial significance to the contracting parties, the drafting, review, and approval of insurance provisions in construction contracts is frequently delegated to non-lawyers or simply ignored. Other times, the parties insert boilerplate language, such as the language found in an AIA Form, without considering how that language might impact the particular project. As with other construction contract provisions, while the AIA forms can provide a good starting point, the parties should not accept insurance provisions without an understanding of how these clauses will operate.

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