The standard AIA contracts presented to municipalities/schools contains a waiver of subrogation provision, usually at § 11.3.7.

That provision states in part that :

The owner and contractor waive all rights against (1) Each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other and (2) The architect, architect’s consultants, separate contractors described in article VI…

By signing a contract with such a provision, you bar MIIA from bringing subrogation actions in the name of the municipality to recover damages resulting from contractors, architect or sub contractor negligence.

To prevent this circumstance you should insist on deleting such language from contracts prior to approval and signature.

In addition some standard contractors routinely alter standard provisions through

“Supplementary General Conditions” or “Addendums”.

You should include language, which deletes all WAIVER OF SUBROGATION LANGUAGE IN ITS ENTIRETY among the “Supplementary General Conditions” or in “Contract Addendums”