The Trilogy of Builder’s Risk Cases—Clarity or Confusion?
By Geoffrey Bryce
Construction Law,
February 2025
A recent Illinois Supreme Court case completes the trilogy of recent builder’s risk decisions. The builder’s risk policy is intended to shift the risk of loss to the insurer to facilitate the completion of the construction project and avoid litigation. The builder’s risk claim, if paid, almost always presents the issue of just how far does the waiver of subrogation by the parties covered by the builder’s risk policy extend. The recent caselaw delves into this issue.
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