The Subrogation Strategist

On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a ... Continue Reading

While determining the value of property is important, it is equally critical to assess whether the financial costs and inconvenience of not having it should factor into compensation for not being able to use that property. In Lafayette City-Par. Consol Gov’t v. Triple T Enters, No. 25-26, 2025 La. App. LEXIS 2039 (Lafeyette City), the Court of Appeals of Louisiana, Third Circuit (Court of Appeals) considered whether the trial court properly awarded loss of use damages after an intoxicated driver destroyed the fire department’s custom-built fire pumper truck in a motor vehicle ... Continue Reading