Waiver can’t help negligent contractors

A fire caused significant damage to a residential home in Ohio while under construction. The fire was caused by spontaneous combustion of rags that were left on the back porch by painting contractors. Defendants argued that they were protected by an implied waiver of subrogation in a construction contract. Stutman Law defeated defendants’ motions to dismiss and took the insurance policy limits from the painting subcontractor who left the stained rags. Stutman Law attorneys also forced the general contractor to contribute to the settlement by arguing that its employees failed to properly clean the job site and remove the paint-stained rags.

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