Waiver of Subrogation – The Most Misunderstood Clause in EPC & Fabrication Contracts
Waiver of Subrogation – The Most Misunderstood Clause in EPC & Fabrication Contracts In project contracts, teams debate indemnity caps for hours. But quietly sitting in the insurance section is a clause that can create real litigation exposure. Waiver of Subrogation: Most people include or delete it without fully mapping the risk. First, What Is Subrogation? Under insurance law principles recognised in the Insurance Act, 1938, when an insurer pays a claim, it acquires the right to step into the shoes of the insured and recover the amount from the responsible third party. In simple terms: Insurance pays → Insurer can sue the party who caused the loss. Why It Becomes Critical in Fabrication Models A very common project structure: ✔ Principal supplies free-issue material ✔ Fabricator performs job work ✔ Insurance is arranged by fabricator Now imagine a fabrication loss — fire, collapse, structural failure. If waiver of subrogation is removed: Insurer pays fabricator Insurer inves...