# Waiver Of Subrogation, Who else is requiring it??



## mtmtnman (May 1, 2012)

First Preston has contacted me yet again wanting me to work for them but i will not sign their Waiver Of Subrogation. To my understanding, A waiver of subrogation endorsement means your insurance company agrees to waive (forfeit) their right to sue or make claim against the party that's asking for the waiver, even if that party is 100% responsible for an accident or loss. I am not willing to be part of that.................


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## Guest (Sep 28, 2011)

Montana Mountain Man,

YOU are correct except it also means YOU cannot sue the responsible party. I find it hard to believe anyones insurance carrier would insure their contractors since you would be tying their hands. Also, I dont see how this could be binding.


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## BPWY (Apr 12, 2012)

My insurance agent told me no way. Period end of story.
I'm with Fremont, how do the ins companies stand for one of their insureds doing this?


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## GTX63 (Apr 12, 2012)

Sounds like a union agreeing to a contract with a no strike clause. Kind of takes the teeth out of your end of the bargain.


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## Guest (Sep 30, 2011)

There is another contractor, A2Z, who now requires signing a waiver re: placing liens on properties. What...are we living "back in the us, back in the us, back in the ussr"?


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## Guest (Sep 30, 2011)

*No Waivers!*

We had this issue a year or so back and our insurance company said we could have it but it's very expensive ($900.00 or so for the job we wanted). The also said that insurance companies were phasing waivers of subrogation out and it would be next to impossible to find.

We told the contractor they could have the "premium insurance provision" but it would cost them $2,000. They said they didn't need it that bad and we got the job without it. 

good luck.


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## thanohano44 (Aug 5, 2012)

MHR said:


> There is another contractor, A2Z, who now requires signing a waiver re: placing liens on properties. What...are we living "back in the us, back in the us, back in the ussr"?


That's a tough one. I know in AZ that wouldn't hold any water in court.


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## BPWY (Apr 12, 2012)

A2Z claimed they had some issues with a sub's sub accessing a lien on one of their properties for non payment and they couldn't have that any longer.

I didn't sign it, and I'm not going to. 
If they make an issue out of it I'll tell them that I am not going to give up my only tool of forcing a company to pay that doesn't want to.
I'm not going to tell them that WY doesn't have good lien laws in favor of the contractor.


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## thanohano44 (Aug 5, 2012)

BPWY said:


> A2Z claimed they had some issues with a sub's sub accessing a lien on one of their properties for non payment and they couldn't have that any longer.
> 
> I didn't sign it, and I'm not going to.
> If they make an issue out of it I'll tell them that I am not going to give up my only tool of forcing a company to pay that doesn't want to.
> I'm not going to tell them that WY doesn't have good lien laws in favor of the contractor.


That sub of theirs was ZVN properties. I know all about it some how. Lol. I got paid though.


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## BPWY (Apr 12, 2012)

thanohano44 said:


> That sub of theirs was ZVN properties. I know all about it some how. Lol. I got paid though.










"This guy at the bar, got real drunk one night and told me all about it in his drunken stupor. It was kinda hard to make out all the details but I think I got the main points of it."



:laughing: :laughing: :laughing:

One of those deals huh? lol


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## BPWY (Apr 12, 2012)

thanohano44 said:


> I got paid though.






Thats all that matters. :thumbup::thumbup:




Who HAVEN'T you worked for? :laughing:


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## thanohano44 (Aug 5, 2012)

BPWY said:


> Thats all that matters. :thumbup::thumbup:
> 
> Who HAVEN'T you worked for? :laughing:


Pinelands Preservation, Regis Development, Copperstone contracting and pacific preservation. Being in this for 8 years and employee your family in 4 states, you go through them all. Lol

My favorite national ever until 2 months ago was FAS. 

Love BAC money, hate the hold time.


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## BPWY (Apr 12, 2012)

Pac Prez has gotten real friendly the last 10 days.

We'll see what happens.


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## thanohano44 (Aug 5, 2012)

BPWY said:


> Pac Prez has gotten real friendly the last 10 days.
> 
> We'll see what happens.


I've heard good things about them. However, you and i already do Ocwen work direct.


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## BPWY (Apr 12, 2012)

thanohano44 said:


> I've heard good things about them. However, you and i already do Ocwen work direct.





True enough but I've not jumped thru the hoops of their new system.
I don't plan to and so that means I'm being fazed out of real trans.

Also the guy from PP told me today that they've agreed to cover the entire state of WY for Ocwen and that will also mean the amount of direct work I get goes down.


What I find extraordinary is that 2 of the "initial" inspections they just sent me have long ago been thru CFK. Trashed out, janitorial done etc etc etc.
One of the two is under contract already and I'm getting an initial inspection order and instructed to offer CFK if the property is occupied.
:laughing::laughing::laughing::laughing::laughing::laughing::laughing:
Serious case of the right hand having no clue what the right hand is doing. (yes I meant to type it that way)


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## thanohano44 (Aug 5, 2012)

BPWY said:


> True enough but I've not jumped thru the hoops of their new system.
> I don't plan to and so that means I'm being fazed out of real trans.
> 
> Also the guy from PP told me today that they've agreed to cover the entire state of WY for Ocwen and that will also mean the amount of direct work I get goes down.
> ...


The reason for that is that they agree to a contract and have to go through those steps on each property. The property can be full of mold yet, they must attempt a sales clean. Make sense? No? That's what I thought! This is how it was explained to me by FAS when we did their PPO work that conveyed to Fannie Mae. So we removed all debris and hazards drained as boarded up and pool and 2 months later we had to remove the cage drain, acid wash and refill the pool. Perform a trash out of the personals and rekey the property.


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## Guest (Oct 1, 2011)

thanohano44 said:


> That's a tough one. I know in AZ that wouldn't hold any water in court.


funny, I was recently told that a mechanic's lien would def. hold water.


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## Guest (Oct 1, 2011)

We have received the same property from 4 different outfits....more than a few times...
Love it!!!!!
We do A2Z also and I have seen the "By accepting this work order you agree not to...
This does not hold up in court. If you are owed monies and can prove it the courts will award you.
That is why as a vendor on the receiving end you have to force them to spell out what they want you to do...5Bros is the worst. Talk about a convoluted work order!!!! and what a pain in the ass they are with the labeling photo thing. They are another one that is not worth the time...Well they just do not provide enough work...if they did it might be worth their headache...
I can see where insurance in this industry is going to become a serious issue...
These nationals have created the issue they damn sure better be ready to absord the cost as were not going to do so. We have already started telling people no. My cost of operating goes up the cost gets passed along...


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## thanohano44 (Aug 5, 2012)

MHR said:


> funny, I was recently told that a mechanic's lien would def. hold water.


That's what I meant. Their waiver of our rights to place a lien means nothing in AZ. In Maricopa and Pinal counties anyways. Haven't had to do it in Pima or Graham counties yet.


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## JFMURFY (Sep 16, 2012)

I would stay away from outfits that request such nonsense. As P&P contractors we are at a property for what ever time it takes for use to perform and document our work...after that the property is open(although locked) to any outfit the National wants to send back out there..


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