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Since 2006, our team has been developing a specialty in the area of Builders
Contract Works Insurance. We've negotiated keener premiums and looking at ways
to offer additional discounts to your construction insurance policy.
There are basically two alternatives for this for builders and one choice for
owner builders
2/ ANNUAL CONTRACT
WORKS INSURANCE
This is the policy we recommend at it has some distinct advantages. The premium is
calculated on your estimated turnover for the coming twelve months. A declaration is
sent out prior to the next renewal where the builder needs to disclose all the
contracts completed and commenced in that 12 months period. The premium is then
adjusted up or down a refund of premium if turnover overestimated and an
additional premium if under estimated. At that time the insurer will require an
estimated turnover for the next 12 months and of course the contractors does not
need to include the contracts already commenced in the previous 12 months
providing they are included on the annual declaration where they should be included.
Advantages of the Annual Contract Works Insurance is that contracts are
automatically insured that have commenced during the term without having to
notify the insurer. Premiums for Annual Contractors can be paid at Tradesure
monthly at no additional cost (at the time of writing this Tradesure were the only
facility we are aware of who offer this). This
also assists with cash flow for the builder as
the builder avoids a one off upfront
payment. The Annual Contractors insurance
includes cover under the Public Liability
section for Products Liability as well and we
know that this is not always the case with all
One Off Contract Works Insurance
policies.
Product Liability cover is briefly described
as cover for you for claims made against
you for personal injury to thir
d parties and
property damage to third parties property caused by the nature, condition or quality
of the builders products If the Material Damage section and Public/Products Liability
sections are both included we have found a significant saving of premium in
comparison with doing One Off Contract Works policies. This can vary, depending on
circumstances and insurer underwriting, but up to a 20% saving can be achieved by
combining these two sections so it can be substantial particularly when you take into
consideration the monthly premiums at no additional charge option.
Please also note that the cover ceases;
1/ when the home is officially handed over or 2/ When the building becomes
occupied ( even if not completed or officially handed over). This is when the owner
needs to arrange insurance for the home and of course also needs to disclosure to
their insurer that the builder has not handed the home over officially.
It is also crucial that when completing insurance for One Off contracts that the
insurance is arranged prior to the commencement of the work. Insurers are reluctant
to insure dwellings and commercial buildings under a Contract Works Insurance
policy if the building has already commenced as it appears that they have some
concerns around some builders where a claim has already occurred and then
arranged the insurance for the partly completed building in an endeavor to have their
claim met. Also and importantly as there is a misconception among some contractors
that they may save premium if only insuring the contract for a short period. There is
no saving in premium for this as the premium is based on the contract value and not
the length of time the cover is required. So it is very important to insure the contract
prior to the commencement of work and insure the contract for 12 months as the
premium is most likely the same as any period, which is less.
There are many additional benefits included on Contract Works insurance under the
Material Damage section and among these are;
Existing Dwelling as explained where the work relates to renovations and/or
additional there may be a need to include the existing home under the Contract
Works insurance
Contract Value Increase this additional cover allows automatically for a specified
increase in the contract value under completion
Expediting Expenses where products need to be sourced quickly this covers
additional costs un freight and wages
Removal of Debris This is for clean-up costs after a claim. Once again many
Contract Works policies have an allowance for this and we recommend a percentage
value of at least 10% of the Contract Price
Professional Fees when a claim does occur often architects, draughtsman,
surveyors and other consultants need to be consulted to assist with the claim
Materials In Storage off site materials on site are included in the standard cover
automatically but if loss or damage occurs to building materials that were to be used
for a particular contract at another site then this should also be included. Some
insurers will allow a percentage awhile others may have a specified amount
Materials In Transit this covers building
products and materials in transit to your
building site. Once again this can be shown
as a percentage or a specific amount
depending on the insurer.
Mitigation Expenses this is the additional
cost incurred by the builder in an effort to
reduce further loss to the building involved
Fire Extinguishment Costs This is to
cover the cost of extinguishing a fire at the contract site
Contractors Plant, Equipment and Tools Cover can be included for these but
they are restricted o the building site or sites (if annual). Many builders have a
separate cover for their tools and equipment as the cover covers them automatically
This is a common question asked by Owner Builders as the value of the construction
varies over the build and is obviously is much less at the beginning than at the end.
Our advice for this is to have the sum insured represent the replacement value of the
finished home and the sum insured should reflect what it would cost a builder to
rebuild and/or rectify the damage. This will make sure you are not penalised by
underinsurance clauses that exist in Contract Works policies i.e.as an example of
this is if you insure a home under construction for $150k and the replacement value
is $300k then you will only receive 50% of any claim as you are insured for only half
the replacement value. We have also found that when a loss and particularly a major
loss occurs, owner builders are happy for a registered builder who is appointed by
the insurance company to finish the build and repair the damage. This does not
preclude the owner builder completing the work themselves , however, as the insurer
is paying for the repa
irs they have the discretion on who they will appoint to do the
work. If there is a saving in having the owner builder do the work for the insurer then
they may well appoint the owner builder but like a registered builder they would have
to quote for the work that is required. Also consider it should take the registered
builder less time to complete the work.
What excesses apply in the event of a
claim?
This can vary from insurer to insurer but
generally we have found the standard
excesses are $1,000 per claim for Material
Damage and Public Liability. The exceptions to
this are Named Cyclone (Tradesure is $2,500)
and Workers to Worker claims under the
Public Liability section which is also $2500 at
Tradesure.
Is there anything I need to know if I engage
Subcontractors?
The most important and often overlooked aspect of this is that all subcontractors
should have their own Public Liability insurance and show evidence to the owner
builder of this by way of a certificate of currency before they commence work. This is
a principal adopted by registered builders and it applies no less to owner builders.
We strongly recommend you obtain this in writing and not just receive the information
verbally. If they have employees of their own they should also have Workers
Compensation in place.
All subcontractors should be suitably qualified, licensed and operating as required by
law.
If you employ someone to assist you then you should arrange Workers
Compensation (Work Cover) insurance for the employee. Even if the worker has
their own ABN they could still be deemed to be an employee under current
legislation and you would need to check with the Workers Compensation in your
state to clarify this.
What are some of the occurrences excluded by Contract Works insurance owner
builders should be aware of?
Once again it can vary from insurer to insurer but here are a few examples;
No cover once the building is occupied.
No cover for any defect or design error including incorrect plans or specifications.
Damage that occurs over time such as corrosion, or deterioration due to climate
conditions.
Damage caused by vermin, termites or insects.
Contact Tradesure for your 'Contract Works Insurance cover.