Risk Transfer when using an outside Contractor

No topic gets more attention at our office than Risk Transfer /.Additional Insured Provisions / Waivers of Subrogation etc.   We've written on here alot about the topic and there are a lot of other good resources on the internet. Some of our blogs on the topics of Additional Insureds and Waiver of Subrogation can be found here:

• https://www.since1849.com/blog/indemnity-agreements-the-good-the-bad-and-the-ugly
• https://www.since1849.com/blog/risk-transfer-the-hidden-hazards-of-contracts
• https://www.since1849.com/blog/workers-comp-subrogation-rights

Some other excellent articles that we didn't author from reliable sources include https://www.isnetworld.com/News/InsuranceWaiverofSubrogation.pdf  and https://www.irmi.com/articles/expert-commentary/additional-insured-status-and-waivers-of-subrogation and https://www.insurancejournal.com/blogs/academy-journal/2015/03/16/360274.htm 

But the point of this brief blog is merely to provide some General Guidelines concerning this VERY complicated topic, so here's the Bottom Line:

• Always require Certificates of Insurance from any Outside Contractor and review the limits and expiration dates carefully - we're glad to help you out with that.
• Require that you are named as an Additional Named Insured wherever specific work is out of your control; this is especially true of hazardous work of any kind.
• Include Hold Harmless or Indemnification Language wherever possible to eliminate gray areas... IMHO those don't have to be strongly worded in most cases.
• Insist on Waiver of Subrogation anytime there are inherent risks that a contractor or vendor should anticipate (like a height exposure or potentially slippery surfaces)
• Be stingy about signing contracts where you Waive your Rights or Hold Harmless another party; especially when you are the customer and out-of-control - those terms should generally apply to the Contractor who is skilled at managing those risks and otherwise "in control" of a job site.

And most importantly, call Mitchell Insurance, Inc. anytime that you have any questions about either your obligations under a contract or Certificate of Insurance or the type of expectations you might have of one of your Contractors or Vendors.   We will never offer Legal Advice, but we certainly can provide you experience Risk Management advice and help you determine the need for appropriate insurance policies.