Subrogation in construction
Subrogation is the substitution of one person in the place of another in relation to a claim. That is, one person (the subrogee) ‘steps into the shoes’ of the other (the subrogor) and is assigned with all their rights and remedies.
Subrogation commonly arises in construction in relation to insurance policies, where the insurer will often need the right to step into the shoes of the insured in order to pursue a claim against a third party with a contractual obligation to the insured. This allows the insurer to attempt to recover the cost of the compensation they may have paid to the insured. By assigning their rights and remedies, the insured is prevented from pursuing a claim against the third party themselves, although if the insurer recovers more than the compensation (plus expenses) they will generally pass this back to the insured.
It is not uncommon in construction to be asked to change insurance policies to waive subrogation rights; ie, the insurer agrees not to pursue a claim to recover compensation they have paid out. For example, a main contractor might demand that a sub-contractor waive their subrogation rights against them. This, in effect creates a no fault insurance scheme which inevitably results in increased premiums.
NB Insurance Policyholder Taxation Manual, published by HM Revenue & Customs on 19 March 2016, defines subrogation as: ‘the right of one person to stand in the place of another and avail him/herself of the rights and remedies of that other person, whether already enforced or not (for example, the right of an insurer who has indemnified a claimant to seek compensation from the person who caused the insured damage).’
[edit] Related articles on Designing Buildings
Featured articles and news
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.
The 2025 draft NPPF in brief with indicative responses
Local verses National and suitable verses sustainable: Consultation open for just over one week.
Increased vigilance on VAT Domestic Reverse Charge
HMRC bearing down with increasing force on construction consultant says.
Call for greater recognition of professional standards
Chartered bodies representing more than 1.5 million individuals have written to the UK Government.
Cutting carbon, cost and risk in estate management
Lessons from Cardiff Met’s “Halve the Half” initiative.
Inspiring the next generation to fulfil an electrified future
Technical Manager at ECA on the importance of engagement between industry and education.
Repairing historic stone and slate roofs
The need for a code of practice and technical advice note.
Environmental compliance; a checklist for 2026
Legislative changes, policy shifts, phased rollouts, and compliance updates to be aware of.
Comments
[edit] To make a comment about this article, or to suggest changes, click 'Add a comment' above. Separate your comments from any existing comments by inserting a horizontal line.