Waiver of subrogation clauses

Here's a how to article describing the potential consequences to all parties' of failing to require proof of coverage and waiver of subrogation rights on a construction project.

Most standard or construction contracts require contractors to waive their subrogation rights. While most property insurance policies permit such waivers, others do not and actually prohibit the insured from waiving subrogation rights. If the insured waived its rights, the insurer may deny coverage.

The article outlines the ripple effect such a denial of coverage can have on a construction project--ranging from the bankruptcy of the contractor denied coverage to consequential losses to the owner from completion delays--and what should be done to mitigate such risks.