Through the use of additional indemnification agreements and insurance notices, these policies have been pyramid-based, with responsibility being transferred downstream to the insurance policies of lower contractors. The general contractor and developer sat at the top of the pyramid, isolated from the losses, until the entire policy of downstream contractors was exhausted. If there were 20 to 30 contractors for the project, there were 20 to 30 policies that could potentially address the project`s liability claims. In the traditional insurance model, lower-level subcontractors designated the general contractor as an additional insured in their policy and provided a comprehensive indemnification agreement that transferred responsibility for project losses to the subcontractor. The general contractor would provide the proponent with an equally broad compensation agreement and designate the developer as an additional insured in the general contractor`s policy. An owner-controlled insurance program is a single insurance plan that covers almost all of the liability of a construction project. OCIPs combine the coverage benefits of several major insurance policies typically used for construction projects – including general liability, workers` compensation, roof deductible/liability, builder`s risk, etc. – into a single policy. Robert Olson is a construction risk and insurance specialist and surplus line broker at Bliss & Glennon Inc.
in Palm Desert, California. Email: rolson@bgsurplus.com. Calculation of minimum limits There are no “reasonable limits” for residential OCIPs. The minimum limits of liability insurance must always be recommended and offered to the customer when presenting the OCIP offer. The question is what limits of liability do you recommend to a client interested in buying an OCIP for their next housing project. Although many contractors are opposed to projects that use OCIPs (for the reasons we cover below), they may actually offer benefits: Contractor warranty guarantees are not included in any OCIP because the warranties are purchased from the contractor through a third party that “guarantees” that the contractor will complete the project as contractually agreed. This third party usually checks the contractor`s financial creditworthiness and background to prove its “reliability”. Due to the evaluation and verification required for each contractor (and subcontractor) requesting a warranty, this protection outside the OCIP is purchased individually by each contractor.
If the governing entity becomes insolvent, a closure plan does not protect all parties involved from possible coverage gaps. If the package contains roofing policies designed to help in the event of insolvency, some gaps could be partially filled. Insurers will also consider how many different contracts will be signed as part of the project, how long the project will last, and how many different stages of the project will involve. OCIP continues to cover designers in the event of bodily injury or property damage, but legal liability is left to the contractor`s professional liability insurance. As with any type of insurance you want to buy, there are many different factors that determine how much you`ll pay for coverage. Of course, the size and cost of the project(s) that fall under coverage will be very important, as will the number of general contractors and subcontractors involved in the project. At the time of award, the CDOT determines which lines of insurance are covered by the OCIP and which are covered by the contractor. Using the new insurance model`s estimate of a 2.5-1 ratio of defense costs to compensation payments, the estimated defense costs for a $2 million compensation plan would be about $5 million. The OCIP policy, which covers the project where the damage occurred, would need to have an insurance limit of at least $7 million per event to pay the claim adequately. ICCPs are not very common compared to their owner-controlled counterparts. However, the benefits offered by CCIs have led to an increase in their popularity in recent years. In other words, even if engineers, architects and other professionals are registered with OCIP, the coverage it provides is generally not a sufficient substitute for their own professional liability insurance, which adequately protects them against the economic damage that a loss can cause.
As a result, many contract projects leave it to these professionals to have their own coverage. This could save homeowners money compared to warranties that must be intentionally purchased by the contractor. Since costs are ultimately passed on to the project proponent and each contractor may not place much importance on finding a good price, adding this coverage to OCIP could save a lot of money compared to using traditional warranties for this protection. The cost of this type of policy is determined by the processes of review and management of the contractor`s performance by the project proponent, rather than by each contractor`s specific track record in terms of execution and safety. Not all brokers can offer you the possibility of conclusion packages (Embroker does, though). In most cases, those that can be covered by an owner-controlled insurance program include all contractors and subcontractors for a particular on-site construction contract. This includes subcontractors hired by subcontractors. OCIPs are a relatively new insurance vehicle for housing projects. Due to the increase in lawsuits for construction defects, these insurance policies are quickly becoming the only option for developers, general contractors, and subcontractors who build single-family or multi-family homes in California, Nevada, and other Western states. When workers` compensation insurance is added to the OCIP, the insurer evaluates the project proponent`s review process for contractors, as well as the loss prevention measures taken for the project. These factors inform the insurer of the risk associated with the insurance of your contractors and your project. If the perceived risk is low, the premiums are lower.
Thus, project owners and developers who responsibly assess contractors before hiring and take effective safety measures to prevent damage and injury will receive lower rewards than those who place less importance on safety. In the event of a claim, the project manager is the point of contact for the insurance company and ultimately responsible for paying the deductibles. The question of whether or not the subcontractor causing the problem must cover all or part of the amount of the deductible will be clarified before the start of the order when the contract is drawn up. In this scenario, Option 2 seems to make the most sense given the commitments associated with the construction of high-rise buildings and condominiums. Offering offers of up to $100 million seems prudent. A Contractor-Controlled Insurance Program (CCIP) is similar to an OCIP, except that the General Contractor (GC) or Site Manager sponsors the insurance program. [3] There were also hybrid programs that combined the characteristics of an OCIP and a CCIP on a loss-sensitive basis; That is, the owner and GC share the expected savings, but they also agree to share the additional costs if the losses are higher than expected. [5] A Developer Controlled Insurance Program (DCIP) is also similar to an OCIP, but may not contain a TOILET. Instead, a DCIP provides CGL, umbrella and franchise primarily to protect against claims of construction defects. .