FSB BRINGS CERTIORARI PETITION ON CONSTRUCTION ISSUE OF FIRST IMPRESSION
Ferguson, Schetelich & Ballew is seeking review from the Supreme Court of Maryland on an open issue impacting the construction industry throughout the State. This question of first impression concerns the contractual waiver of subrogation in construction contracts. Construction contracts are a unique subset of general contract law, and they govern the complex relationship between the property owner, the general contractor, the subcontractors, and the suppliers – and the insurance companies that write the policies that protect each one. Those contracts often contain clauses waiving subrogation, meaning that they restrict whether an insurance company that pays a loss can seek…