- Project plans
- Project activities
- Legislation and standards
- Industry context
- Specialist wikis
Last edited 13 Oct 2020
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.
 Related articles on Designing Buildings Wiki
Featured articles and news
High levels of mica and pyrite found in aggregate used for Irish homes.
Organisation offers mobile app to its members.
BSRIA explores US share of 2020 VRF market.
New fire safety requirement comes into force.
Different types of bridges are meant to move.
A logical approach to handling the internal voice of self doubt.
First fashionable in the US, decorative metal has become globally desirable.
Helping communities preserve and enhance historic environments.
Creating comfortable climates despite extreme temperatures.
Study examines how adjustable arrangements can succeed.
Government announces plans to improve accessibility.
Resource addresses pandemic-related NEC4 contract issues.