A contractor arranged insurance programme will generally focus on the ‘traditional’ insurance aspects of the project i.e. material damage to the works, liability to third parties etc. For the Owner, the exposures may include Loss of Future Revenue due to delays, Force Majeure and Professional Liabilities. Many of the exposures cannot be addressed adequately (or transferred to Insurers economically) if the ‘traditional’ insurances are covered under contractor controlled policies.
The Owner considers and negotiates the extent of Policy Coverage and Deductible Levels and is given the opportunity to consider insurance of some Excepted Risks.
Claims are controlled and disputes addressed by the Owner rather than the Contractor. Claim payments are made to the Owner which ensures funds are correctly allocated to the project.
Some policies discontinue cover as soon as cessation of work has taken place, the better policies give a 60 days grace period.
The Insurance Programme is designed to reflect the interests of the Owner, and default by the Contractor or Sub-Contractors will not prejudice the rights of the Owner.
If several contractors are involved, the project may be insured under various policy wordings with different sums insured and deductibles. For any substantial loss, a number of insurers could become involved, each with differing interpretation and cover and settlement of the loss.
Proper dovetailing of the Insurance Programmes can be planned to avoid uninsured gaps between handover of various stages of the works.
Your broker will not guarantee Insurers, but should monitor them daily to keep track of their ability to pay claims.
§ The requirements of investors
§ Off-site storage of works materials
§ Transit of materials to the contract site
§ Advance loss of profits, including critical items in transit
§ Contingent Commissions