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Thread: Does anyone know what a Waiver of Subrogation is

  1. #11
    Join Date
    Oct 2007
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    New Jersey
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    5,846
    Quote Originally Posted by oscarcolumbo View Post
    The thing is that I’m halfway through the rough in phase and now they want this.


    Sent from my iPhone using Tapatalk
    Tell them politely to pound salt. They cannot demand a change to the contract once work commences. If they say, "We forgot", say "Next time you won't. See earlier response." Or say "Sure, here's my price to cover the new risk you're asking me to assume."

    Remember, if you sign the waiver without consulting your insurance carrier, they may refuse to cover any loss on this job, no matter who's at fault. If you're thinking about signing, absolutely give them a call.

  2. #12
    Join Date
    Jul 2007
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    Clark County, NV
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    1,098
    Quote Originally Posted by oscarcolumbo View Post
    The thing is that I’m halfway through the rough in phase and now they want this.
    So there's already a signed contract?

  3. #13
    Join Date
    Jul 2006
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    Roughly 5346 miles from Earls Court
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    2,602
    Quote Originally Posted by oscarcolumbo View Post
    Great.... I don’t even KNOW a lawyer.
    they can be handy people.

    Pretty much every county bar association in the country has a lawyer-referral service; for maybe $25 you can talk to a someone who knows that area of the law to see if you have a case/concern and whether you like them.

    Even if you never have to use one, it's good to have an established relationship before you need it. Think of it this way- most people who do service won't take new clients when their workload is really high, but they will try to fit an existing client in if the work will be quick. Be that existing client.

  4. #14
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    Apr 2007
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    Huntington Beach, CA (19 Hrs. 22 Min. from Winged Horses)
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    Quote Originally Posted by oscarcolumbo View Post
    The thing is that I’m halfway through the rough in phase and now they want this.

    so, you have a signed contract, correct? you wouldn't have started
    without one.

    it waives your insurance companies right to collect if there is a claim.
    your insurance company would have to waive THEIR right to this.

    don't sign it. you have a contract. you've started work.

    forward it to your insurance company.
    ~New signature under construction.~
    ~~~~Please excuse the mess.~~~~

  5. #15
    Join Date
    Jan 2016
    Location
    PA
    Posts
    5,737
    get a legal consult

    both parties may not be subject to it
    it may only apply to you
    you waive the right to go after their insurance
    they may be able to go after yours

    usually contracts must be equitable
    if you give up something they must also
    talk to a lawyer
    talk to your insurer, they will not like or you may be required to notify them
    if you don't they may deny coverage
    they may require a rider, additional coverage

    think about it
    it could be their fault, cost you money, and you can't recover from them
    you must use yours, and they may deny
    Last edited by Ingenieur; 12-19-17 at 06:33 PM.
    The difference between genius and stupidity is that genius has its limits.

  6. #16
    Join Date
    Nov 2014
    Location
    MA
    Posts
    141
    Quote Originally Posted by Ingenieur View Post
    get a legal consult

    both parties may not be subject to it
    it may only apply to you
    you waive the right to go after their insurance
    they may be able to go after yours

    usually contracts must be equitable
    if you give up something they must also
    talk to a lawyer
    talk to your insurer, they will not like or you may be required to notify them
    if you don't they may deny coverage
    they may require a rider, additional coverage

    think about it
    it could be their fault, cost you money, and you can't recover from them
    you must use yours, and they may deny
    It will cost money, much like a bond would for a specific job.

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