WOS

IllinoisConstruction Contract

Hello - We are the GC on a lot of schools & the school districts do not allow for waiver of subrogation. I have received a COI that has the WOS listed but also says WHEN REQUIRED BY WRITTEN CONTRACT. Does that mean the WOS isn't enforced if the contract doesn't allow it?

3 replies

Oct 23, 2019

It's tough to assess the full implications of a short phrase outside of the context of a contract. With that being said, if a waiver of subrogation isn't included or required in the contract, and if the certificate of insurance refers to a waiver of subrogation that's only effective when the waiver is required by contract, then it sounds like there would be no waiver. But again - without full context, it's hard to be sure, and it would be wise to consult with a local construction attorney if you're unfamiliar with what's required by your contract or with insurance documentation. They'll be able to review all the relevant documents and advise on what certain language may mean.

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Oct 23, 2019

Hello - thank you for your response. Would you know of any places that offer training for certificates of liability insurance in Illinois? I have searched the internet but haven't found anything that offers COI training.

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Oct 23, 2019

You're welcome! I poked around online, but I wasn't able to find anything on that front either. Sorry!

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