circumstances i want to focus on that under the specific circumstances appellant is not challenging these are pretty rough circumstances absolutely are and that we're not appealing us certainly the validity in general  occasionally and we're not as the lower court focused on we're not discussing or really arguing regarding whether or not some patient waiver applies to work versus not work property which is  we start with that parents work in this particular instance is the how what where not the finished product as a pelini aren't right so work is not the roof that is the pro work is how the roof is performed and how the roof is built and in this particular instance the contract specifically the fines how the how far of the  and one of the one of the provisions within that contract one point three use of premises specifically says do not use the area being the garage or parking or storage of materials  approved by the owner and in this case there is no doubt because there is the placement in the end that listens in the underlying matter that on the day at issue on the day of the fire people and mostly teenagers from using their garage during the time when there is no and individuals that a tally on this particular day decides they're going to use this garage and so they drive in they move the barriers they and i'm going to paraphrase here for all that's purposes that the condo association and the contractor the roofing contractor waive all rights against each other to the extent covered by insurance we're concerned here the lady of the sumburgh ational waiver per se is not the issue it's what is the scope of that operation here and there is there is case law from from this court to the other party to the contract what it basically where that american home insurance case basically states is that it depends on cox right so not every action not every lawsuit not  all the documents within the contract and the methods the who what where of how to put this roof together and in this particular instance they intentionally i'll side of the scope of work so it's our says we waive claims against each other to the extent insured insured by insurance a pleasurable to go to work right and it's that modification argument is under maryland law under there is no maryland law on this particular on this particular subject it is argument on which subject on the gross negligence issue marilyn's high court is not rule on but they are my meeting today was i think was the contractual portion of our it is that this particular act that they did about particular day was not contemplated within the four corners of the contest the contractual are right and therefore aren't right the you know the purpose behind you know and the public policy behind it decided to you know your rule on just a temporal issue the subrogation did not address you know that the guts of this argument so that's where it ended so that doesn't really help us here because we are dealing with something that occurred during the project itself you say it was part of the project itself to park underneath there well  the project i mean and to get specifically the term work you know as defined is the construction and services required by the the contract documents and that those services were those the work that was being performed on the roof yes at the time the the truck that was parked in the garage that had the generator and it was parked ther because that was there was an open way to get the extension boards up you know were being used in furtherance of the work that was being performed on the roof at the t p so it was in furtherance of the work and the restriction on the parking in the garage was if you look in the context of how it is written it's not a safety issue it's a convenient issue on me and they don't want to be didn't want my client and my clients employees to be parking their you know and using the spaces that the owners of the building remote from that i mean it was it's not remote in the sense of they were parked there for the convenience of being able to have electricity up on the roof that they needed you know but is i mean in almost every incident you know in a construction case you know where damage has occur you are going to have a breach contra you know it might be something as minimal as you know the breach of your duty to perform in a workman like cot conduct you know but there's always going to be a breach and in fact if you have a contract between two parties you're usually limited with a breach that occurred in the manner in which the work was performed you know it might be small it might be big but where is a suburb cation are not meant to look at the details of what caused the property damage we were is a suburb haitian are meant to look at whether the property damage was caused by one of the the parties agreed that in this case the owner would procure insurance in it it's not based upon the niceties of whether it's negligence breach of contract gross negligence bre that phrase you know that they rely upon other property insurance or put the will to the work is describing the insurance it's not describing the work you know it's describing you know and  really if you look at the phrase before and this is on jordan extract two thirty six you know i mean it's under section eleven point three point seven you know it talks first about your damages you know the waiver applies the damages caused by fire or other causes of loss to the extent covered by property insurance of pain or to pursue into this action only only references the other property insurance that they obtain property insurance pursuant to eleven point three you know because they use their existing policy which under eleven point three point five they were entitled to do so the policy that they used was property insurance untamed pursuant to section duty you have to go back and think again to the reason behind it was a sovereign nation and that's to avoid litigation it's to allow for the free flow of construction projects and that they not be because you know it's seven different jurisdictions you know that we cited you know on pages sixteen to nineteen of our brief that certainly hold that the waiver subrogation apply you know not based upon the cause of action alleged but merely apply as long as the damages are part of the numerated perils covered by property  you know so and and perhaps to understand why that is i mean you know you look to what the waivers of subrogation the types of insurance it's where there's a separation are tied to  you know the overall risk insurance they're not tied to live billing insurance you know what ability insurance matters if you are a matter of what type of of conduct causes the occurrence you know  you know in in life billion surance you will typically exclude liability for reacher pov but in all risk or property insurance doesn't focus on doesn't matter how the on because of that doesn't matter whether it's gross negligence that it doesn't matter whether it's a breach of contract or any other action  know again going back to the policy you know this shouldn't be left to one of the cases says the are for policing of of insurance because if you say well there's a bridge contract you know the waiver waiver subrogation provision every single case from here on out it's going to be a with gross negligence i mean the public policy reason behind it is to avoid litigation and to contract  one party you know will has no duty of care owed to another party you know and prevents that in your potentially injured party from recovering their damages  costs so the issue of gross negligence generally is only applied to a skull the tory clauses in contracts and these this  and and the fact finder you know determines that peninsular roofing is liable for these damages it can't turn around in go conditions of the contract which you agreed to and the subrogation waiver within that same contract serve to protect your counsel part of the convenience issue versus safety issue and i believe judge c had some questions on that what's can means if you're homeless not versus a safety issue well my grandfather once told me that there is no sitting there than any other city and in this particular contract there is not one c they chose to do it they chose to go and step outside of what they agreed to do and because of that you cannot then turn around and say the the other part of a contract entrances keep driveways parking garages loading areas and entrances serving premises clear and available to our owners employees and emergency vehicles at all times period then it continues