Waiver of subrogation: the basics for GCs collecting sub documents

How it works

In a subcontract, the sub usually agrees to waive its own right to recover from the GC and owner for covered losses. Most policies allow the insured to waive recovery rights before a loss, but many exclude coverage if the waiver happens after a loss. That’s why the waiver is agreed in the contract up front, and why GCs ask for proof that the insurer has agreed to it, usually as an endorsement.

Which policies to ask about

Subcontracts commonly ask for a waiver on general liability, auto liability, workers’ compensation and umbrella policies. Your contract decides which ones apply to your job, so read the insurance section rather than assuming.

What to collect

1. The certificate with the “subr wvd” column marked for each policy where your contract requires a waiver.
2. The waiver of subrogation endorsement for each of those policies. Blanket waivers are common; check that the wording covers parties you are required to waive in a written contract.
3. A note in your file of which contract section requires it, so renewals ask for the same thing.

Common gaps

• The waiver box is marked for general liability but not for workers’ compensation when the contract requires both.
• The endorsement attached is for a different policy period than the certificate shows.
• The sub’s agent marks the box but the policy has no waiver endorsement. Ask for the endorsement page.