Insurance & LiensQuestion 1528 of 1632

A waiver of subrogation clause between an owner and a contractor generally means:

a.The owner gives up its right to a finished project
b.The contractor gives up its mechanics lien rights
c.The insurer gives up all coverage for the loss
d.Their insurers will not pursue each other

Explanation

Subrogation is the insurer's right, after paying its own insured, to step into the insured's shoes and recover from whoever caused the loss. A mutual waiver gives up that recovery, so an insured loss stays with the insurer that was paid to carry it and the project participants do not litigate against each other; it is commonly paired with builder's risk coverage. (c) is the misreading that matters: the coverage still responds, and it is only the insurer's onward claim that is waived. (a) and (b) waive substantive rights a subrogation clause does not touch, and a lien waiver in particular is valid only in the statutory form.

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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
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