Construction P&C Pro-File Newsletter – February 2017

New OSHA Beryllium Standards

On Jan. 9, 2017, the Occupational Safety and Health Administration (OSHA) issued a final rule to amend its beryllium standards for the construction, shipyard and general industries.

The final rule will reduce the eight-hour, permissible beryllium exposure limit from 2.0 micrograms per cubic meter to 0.2 micrograms per cubic meter. It also establishes a short-term exposure limit of 2.0 micrograms per cubic meter over a 15-minute sampling period.

The rule will require additional protections that include personal protective equipment, medical exams, medical surveillance, and training.

The final rule becomes effective on March 21, 2017. Affected employers must provide newly required showers and changing rooms within two years after the effective date and implement new engineering controls within three years after the effective date.

OSHA estimates that the new rule will prevent 46 new cases of beryllium-related disease and save the lives of 94 workers annually.

Employers should become familiar with the new standards and evaluate their current workplace practices to ensure compliance with the final rule.

DOL Sues Contractor for Firing Safety Manager

According to a lawsuit filed on Dec. 28, 2016, a Tampa roofing contractor discriminated against its safety manager after he cooperated with an OSHA investigation. The Department of Labor (DOL) lawsuit was a result of an investigation by OSHA’s Whistleblower Protection Program.

Under the program, employers are prohibited from retaliating against employees who raise protected concerns or provide protected information to the employer or government. The lawsuit seeks back wages, interest, and injunctive relief as well as compensatory and punitive damages.

Construction Workers at Highest Risk for WMSDs

According to a recent Occupational and Environmental Medicine report, U.S. construction workers are at a higher risk of work-related musculoskeletal disorders (WMSDs) than all other industries combined. The back is the primary body part affected, with overexertion named as the major cause of WMSDs.

Employers should adopt ergonomic solutions at construction sites, such as training employees on safe lifting practices, in order to reduce the number of WMSDs and prevent lost wages.

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Jon Belek

Reducing Your Risk and Exposure to Worker Compensation for the Sand and Gravel Industry

gravel pitWhen it comes to heavy industrial work and extraction services, the safety of your workers is paramount. It’s vital that you take every step possible to reduce the risk of injury or issues in the workplace, and limit your exposure to possible worker compensation claims for employees extracting sand, gravel, and similar materials.

We’ll start by looking at the data before sharing some common sense best practices for making all of your work sites and people safe.

Information on the sand and gravel industry

  • There are currently between 6,000 and 6,500 sand and gravel operations throughout the US, according to 2013 figures.
  • Most operations have fewer than 25 employees and only 7 or 8 counties through the US have operations with more than 200 employees.
  • There are very few fatalities across the sand and gravel extraction industry as a whole, with a total of 43 reported between 2003 and 2013 (just over 4 a year on average).
  • There are a fair number of nonfatal injuries — Between 2009 and 2013, there were an average of 370 injuries a year, affecting an average of around 1.6% of employees.
  • The most common types of injury for sand and gravel workers, in order, are:

o Handling materials — 35%
o Slip or fall — 29%
o Use of hand tools — 12%
o Powered haulage — 9%
o Machinery — 7%
o Other — 8%

If you want to reduce the risk of injury, and by extension your exposure to worker compensation, you need to make sure you have best-in-class training, safety equipment, working environments, and policies to reduce and prevent injuries.

Creating a safe work environment for sand and gravel employees
We recommend the following when you’re creating and reviewing your safety procedures.

Get a complete, independent audit of your existing safety practices
Have an independent organization come in to examine and report on how you currently operate, with a strong focus on safety. They will produce a detailed report highlighting any gaps in any aspects of your safety processes and policies.

Get very clear safety policies and processes in place and rigorously enforce them
Good health and safety starts with strong policies. Review all of your existing health and safety practices and ensure they’re reflected in the policies you share with employees. Provide plenty of practical examples and context for your policies so your employees can understand how they work in practice. In particular, you need to ensure every employee is responsible for their own health and safety.

Provide the right training on best practices and ways of working
Make sure you have an in depth onboarding and ongoing training program on health and safety for all employees. Ensure the training covers every aspect of your health and safety policies, using equipment safely, operational expectations and an awareness of the health of yourself and others.

Invest in equipment and tools that minimize the risk of injuries

  • Provide protective clothing to your workers
  • Ensure they use equipment and tools designed to minimize the risk of injury. This could include highly visible haulage machinery, hand tools designed with protectors, footwear that allows sure footing, gloves to make material handling safer, and a variety of other areas.
  • Inspect equipment and tools regularly for deterioration and replace anything that isn’t up to standards.

Make it everyone’s responsibility to report potential issues
You want your workers to be aware of their environment and any potential hazards that could affect them and their colleagues. Make it easy to report potential threats and ensure everyone knows it’s their responsibility to do so.

React to potential hazards quickly and ensure they’re fixed
Give a member of your staff accountability and responsibility for monitoring and fixing reported hazards. Measure how long it takes them to do so and use this to design better systems for identifying and fixing problems.

Make sure the environment remains as safe as possible

  • Clearly mark potentially unsafe areas (e.g. loose ground.)
  • Put proper fencing and barriers in place to keep people away from danger.
  • Make sure you control for dust pollution and storing of materials.
  • In times of severe weather, make sure you have proper processes in place to minimize risk (e.g. when people are working in slippery and wet environments.)
  • Keep landslides of sand and gravel to a minimum by regulating the size and location of materials storage.
  • Have rigorous safety controls around all blasting and explosives handling and use.

Taken together, all of these suggestions can make your site a much safer place to work, maintains the health and safety of your people, and makes sure you don’t fall afoul of worker compensation.

Joe Pinto
Risk Management Consultant
jpinto@srfm.com

Joe Pinto Head Shot

 

Understanding the changes in rules for Crane Operators

Construction worker talking to crane operatorBack in the year 2010 the Occupational Safety and Health Administration (OSHA) implemented a rule outlining new regulations for the certification of crane operators. The new regulations stemmed from a high rate of accidents and fatalities related to crane operation in the construction industry. Since the new OSHA standards were released much has transpired regarding some specifics of the rule and the impact on both employers and employees in the construction business. This article will explain the rule, the changes, and the implications for employers.

2010 OSHA Crane Operator Certification Standard: The Basics

OSHA released a final rule in 2010 regarding operator qualification and certification for Cranes and Derricks in construction.

The OSHA rule is quite lengthy but essentially these were the three main points for debate:

  1. It requires employers to ensure that crane operators are certified  by an approved entity before operating a crane
  2. It states that once an operator passes a certification course, they are “deemed qualified” to operate a crane thus replacing the employers duty to ensure that crane operators are competent and well trained
  3. It states that operator certifications are to be based on crane load capacity (multiple certifications would be required for each type of crane; 50 ton, 100 ton, 200 ton, etc.)

Initially, the rule passed down by OSHA would require all operators to be certified by November 2014.

The rule stems from a litany of accidents and fatalities in the industry surrounding the operation of cranes. Cranes pose a significant danger to employees and OSHA has estimated that 89 workers per year are killed in crane-related accidents.

Specifically, crane-related injuries and fatalities have been caused by:

  • Electrocution
  • Being crushed by the equipment
  • Being struck by the equipment or a load
  • Falls

 Rule Appeal and Certification Extension

Industry professionals universally recognize the need for improved training and certification processes regarding crane operation, but after the final rule from OSHA was released it was received with much criticism.

A coalition of experts and industry stakeholders called out OSHA on two main points:

  1. Although necessary, third party certifications alone were insufficient in guaranteeing operator safety and should not replace the employers’ duty to ensure that operators are trained and competent.
  2. Requiring multiple certifications based on the load rating of the crane did not provide any significant safety benefit and would cause an undue financial burden on both employers and employees.

In response to these concerns, OSHA has made changes to the rule. Specifically, they have done two things:

Issued an extension of compliance: The new deadline for employers to ensure that all crane operators are certified has been extended to November 10, 2017.

Revised the crane operator certification standards: OSHA has removed the mandate requiring multiple certifications based on load capacity, and they have reworded the text surrounding “deemed qualified” to put qualification responsibilities back on the employer.

OSHA didn’t quite get it right the first time, but they listened to the feedback from experts in the industry and made changes to make the rule better. Safety in the construction industry is paramount. This new rule regarding crane operation will save lives, cut down on injuries, and keep employees safer. For employers it will keep qualified operators on the job longer, reduce the amount of workers’ comp. claims, and lower operating costs. It’s a win all around.

At Sinclair, we are committed to helping you keep your team safe, reduce risks, and save money. Our construction specialists work with clients of all shapes and sizes and fully understand the diversity of the industry. Get in touch with us today to see what we can do for your operation.

Joe Pinto
Risk Management Consultant
jpinto@srfm.com

Joe Pinto Head Shot

Managing Home Renovation Risks

Managing Home Renovation RisksHome renovations are on the rise; In fact, according to the Joint Center for Housing Studies of Harvard University’s Leading Indicator of Remodeling Activity (LIRA), annual home improvement spending growth is expected to increase from 2.4% in the last quarter of 2015 to 6.8% in the second quarter of 2016.  Bolstered by 2015’s favorable housing market condition, which included new construction, price gains and sales, homeowners are investing in improvements to their homes.

If you’re finally tackling that kitchen remodel or adding an in-law suite, don’t wait to think about the risks that come with home renovations.  Here are four tips to make sure you’re protected before your project even gets underway:

  • Vet Your Contractor & Subcontractors – Take your time choosing a general contractor, who orchestrates your entire project.  Beyond just word-of-mouth and online reviews, ask to speak with former clients who had similar renovation projects and check the contractor’s reputation with the Better Business Bureau.  As you’re choosing your general contractor, also be sure to get their license number and verify it.  Additionally, ask to see a copy of their insurance policy (and don’t be afraid to call their carrier) and make sure they have adequate coverage, including worker’s compensation to cover any workers who could be hurt on the job.  Beyond coverage, also make sure you’re aware of everyone who will be working in your home every day and, if needed, run background checks. 
  • Get It In Ink – Didn’t think through the removal and disposal of your old appliances?  Don’t rely on verbal agreements or side conversations for any aspect of your renovation.  Make sure you get an estimate and proposed contract from your general contractor before the project begins and that everything is covered, including the timeline, payment details and how you’ll address approvals and any unexpected projects and costs. 
  • Check Your Coverage - Contact your insurance agent to talk through your renovation and make sure you understand your coverage.  If there are any gaps in coverage for your contractor or subcontractors, make sure speak with your insurance agent about that as well, as you may need to extend the limits of liability in your homeowners policy. 
  • Protect Your (New) Investment –If you’re adding onto your home, don’t wait until it’s complete to increase the insurance coverage on the structure of your home, as you may not be covered if the addition is destroyed or damaged before your coverage has increased.  Similarly, if you purchase new items like that baby grand piano you’ve been wanting or new TVs or furniture to fill your new space, also make sure you let your insurance agent know in case you need to increase your coverage for personal possessions.

A home renovation can be financially and emotionally stressful.  However, at Sinclair Risk & Financial Management, we’re here to help ensure you’re protected and covered and starting your renovation on a solid foundation.

Stephen Davis

sdavis@srfm.com

Sinclair Risk& Financial Management

Managing Home Renovation Risks

Planning for Construction Risk

Planning for Construction RiskThe construction industry is flourishing, with outlooks like the Wells Fargo 2016 Construction Industry Forecast’s Optimism Quotient predicting that local construction, profits, equipment purchases and rentals and overall future growth will be strong this year.  Add to this that warmer weather means the busy construction season is here and it’s a great time to be in the industry, whether you’re an independent contractor or you own a large building construction firm.

However, as you take on more work, you also need to make sure that your risk exposure and insurance coverage is keeping up.  For example, you may hire more workers or rent more equipment to keep pace with your workload, which opens you up to more potential issues, like safety and liability. What if a new worker is injured using construction equipment, the materials you purchased for a huge job are stolen or a homeowner sues you because they feel there was design error in a job you performed for them?

Make sure you are protected against potential pitfalls with these three tips:

1)     Appropriately Assign Risk - Quite simply, think through anything that could go wrong in a project, plan for it and assign the risk to the person who would be most capable of handling and controlling it.  For example, a contractor can best control the safety of the workers on a job site while the homeowner would probably be the best choice for any project design risks since they’re most likely working with the architect and designers.  By spelling out risk responsibility in the contract before the project even begins, everyone is clear in advance about who is responsible for what risk.

2)     Make Sure You’re Covered - Once you know what your role and area of responsibility is, work with a trusted risk and financial management firm that has expertise in the construction industry and will take the time to sit down, understand your unique challenges and customize a program for you.  From Errors and Omissions coverage to Workers’ Compensation to OSHA concerns, ensure you’re aware of and protected from any of the risks associated with your projects.

3)     C.Y.A. – Cover your assets by making sure you closely examine all contracts for consistency and that you also have an experienced and knowledgeable attorney review all contracts.  Also – don’t rely on a cursory review of a certificate of insurance to prove that the parties you’re working with on a project are compliant with insurance requirements.  Beyond requiring a certificate of insurance proving proper insurance coverage in the contract, consider requiring that the full policies be included to provide evidence of adequate coverage.

With the right planning, risk management and insurance coverage, you can enjoy the benefits of the construction boom without the headaches.  At Sinclair Risk & Financial Management, we take the time to understand your company and individual situation and work with you to help you minimize your risks.  Give us a call today!

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Spring Hazards: Worker Safety During Warmer Weather

Spring Hazards: Worker Safety During Warmer Weather Spring signifies the end of winter and a season of new beginnings.  It ushers in budding trees, blooming flowers and warmer temperatures.  It can also bring with it quickly changing conditions and hazards that employers and workers need to be aware of and prepare for to ensure safety.

 While, overall, workplaces are safer today, many people are still seriously injured on the job, especially in industries like manufacturing, construction, transportation, warehousing and oil and gas extraction.  While accidents happen, many are preventable. In fact, the Occupational Safety and Health Administration (OSHA) found that more than 10,000 severe injuries were caused by workplace conditions in 2015.

 What top three hazards do employers need to be aware of during spring? 

  1. Severe Weather and Flooding- Floods and tornadoes are the most common hazards in the United States during spring.  From melting snow to sudden spring showers, flooding can happen quickly and with little warning.  Not only should workers and employers be aware of weather forecasts, but workers should be trained on severe weather plans and have emergency supplies with them to be prepared if severe weather strikes.  OSHA and the National Oceanic and Atmospheric Administration (NOAA) have partnered to provide a comprehensive resource aimed at helping businesses and workers prepare for severe weather, like flooding
  2. Outdoor Work – From construction workers on scaffolding to flagmen helping to direct traffic at highway work zones, outdoor working conditions in the warm spring weather can naturally cause hazards for workers. In fact, more than 100 workers are killed and more than 20,000 are injured in the highway and street construction industry each year, with over half of the fatalities resulting from vehicles and equipment operating around the work zone. It’s imperative that employers put controls in place and train employees to protect workers from injury in outdoor settings.  The National Institute for Occupational Safety and Health provides guides for many industries.
  3. Driving and Pedestrian Safety – As the warm weather approaches, more people get out to enjoy the warm weather – from people walking dogs to motorcyclists enjoying a ride to children riding bicycles.  Naturally, this means that there are more incidents of accidents involving driving and pedestriansIt’s important that drivers properly maintain their vehicles, exercise caution, travel at a reasonable speed, pay attention and avoid distractions like texting.    

Employers are required by law to provide their workers with a workplace free from serious recognized hazards and to comply with standards, rules and regulations issued under the OSH Act.  In addition to ensuring safety protocols, plans and training take place to prevent workplace accidents and injuries, each industry has its own nuances and risks.  At Sinclair Risk & Financial Management, we take the time to understand your company and individual situation and work with you to help you minimize your company’s risks. 

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Spring Hazards: Worker Safety During Warmer Weather

Are you Protecting Your Construction Business Properly?

Are you Protecting Your Construction Business Properly?2016 is expected to be a strong, steady year of growth in the construction industry, with the 2016 Dodge Construction Outlook predicting that the U.S. construction starts for 2016 will rise 6% to $712 billion.  This environment is expected to be supported by the U.S. economy, with relaxed lending standards and support from state and local construction bond measures.  And while the Federal Reserve increased short-term interest rates by 0.25% at the end of 2015 for the first time since the financial crisis, long-term rates are expected to rise more gradually.

With spring’s busy season right around the corner, there are several trends that industry experts are also watching, including the overwhelming issue of a lack of access to skilled labor.  The combination of layoffs during the economic downturn along with a slowdown in immigration  is contributing to the industry’s skilled worker shortage.  This talent deficit is only worsened by the industry’s struggle to appeal to the younger, more tech savvy workforce during a time that a large number of baby boomers are retiring and companies need skilled workers at all levels.

In addition, while the outlook is good for the construction industry, businesses are facing a competitive landscape and increasing customer expectations for a quality job to be done on time and on budget with limited resources.  More and more businesses are facing a variety of risks associated with this environment, such as claims of faulty workmanship, design errors or omissions and the use of defective materials and products.

These types of claims are challenging because they can result from a number of factors and can occur years after a project is completed.  They can also be devastating to a business that may have a commercial general liability policy, which would cover property damages resulting from accidents or occurrences, but may not be protected against claims of faulty workmanship.  If you provide construction services, install products during your construction services, provide in-house design or engineering services (or subcontract design services out) and perform the construction, you are at risk.

Many businesses choose to protect themselves with Errors and Omissions coverage. Essentially, Errors & Omissions coverage provides protection for you in the event that an error or omission on your part has caused a financial loss for your client.

Regardless of how well a business is run, mistakes, errors and omissions occur and even unfounded allegations can costs thousands of dollars in defense. Additionally, even false claims can damage a company’s reputation and impact profitability.  So how do you protect your company and reputation?  Work with a trusted risk management partner that will take the time to understand your business and particular challenges and help put together the right coverage for you.

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

 

Employers: Safety is your responsibility (but we can help!)

Dave SinclairA billion dollars…right out the window.

That’s what American businesses spend each week on worker’s compensation claims.

If that isn’t enough to give you pause, that figure represents only the direct costs of medical and legal payments. Indirect costs of training replacement employees, conducting accident investigations, hiring crisis management PR experts, repairing equipment, lost productivity, and low staff morale easily double the pain.

Want a real-world estimate of a threat facing your workplace? This cost estimator provided by OSHA will put the fear of the safety gods into you.

But it doesn’t have to be this way.

Avoiding crippling worker’s compensation claims begins with developing a workplace safety program, reinforced by ongoing training and hands-on management.

Getting started — Developing a comprehensive safety program can seem daunting, but work accidentSinclair Risk & Financial Management can help. We want to reduce your worker’s compensation costs not by just getting you the most affordable premiums, but by making sure accidents are rare or nonexistent in your shop.

Training — Too often we see operator error leading to significant injuries. The machines are working just fine, but employees were not properly educated on how to use them safely. We provide a comprehensive analysis of your operations and identify areas where training needs to occur or be reinforced. 

Make it worthwhile — Safety is your responsibility, but you need buy-in from all staffers. Consider a program that rewards everyone in the workplace for keeping it safe. Six months accident free? Everyone gets an extra day off, or a gift card, or a lunch…there are numerous low-cost incentives that will keep your staff focused on the goal.

Identify trouble areas (and trouble employees) — It’s bad enough if an employee sustains an injury once…but twice? Same goes for a piece of equipment. Anytime there’s a repeat claim associated with an employee or particular piece of equipment, you need to laser in, figure out the reason, and correct the problem. As part of our ongoing commitment to safety in your workplace, we can help with these sensitive audits.

Safety is your responsibility, and operating a safe shop is the only smart way to do business. The Sinclair Risk team includes experts at helping business owners implement a safe workplace and keeping it safe through training and follow-up. Take the scare out of safety and talk to us today.

Dave Sinclair

CEO Sinclair Risk & Financial Management
dave@srfm.com

Hiring a contractor? Don’t get caught without ‘Additional Insured’ protection

It’s that time in your home’s life that fortunately only comes around once every 20 to 25 years or so…roof replacement time! Or maybe it’s time to tackle a big task with a shorter life span, like painting the house.

Either way, for projects at this scale you wisely skip the DIY approach and instead find yourself in the market for a contractor.

Let’s take roof replacement as an example. The roofer contractor you’ve zeroed in on came with a great recommendation from a friend, supported by an attractive portfolio and sharp online presence. Is he insured? Of course! You sign a contract, pick out the shingles and are ready to go, right? Not so fast.

Even though your contractor has proof of insurance and you carry homeowner’s insurance, you could still face a coverage gap and corresponding risk, plus the potential of higher premiums should you have to file a claim on your policy because of a peril related to your roofing project.

To close the gap and eliminate all potential pitfalls, make sure your roofer at the very least adds you as an “additional insured” to his general liability policy before you sign the contract. It’s easy and cost efficient for him to do so and the right move for both of you.

When you’re added as an additional insured, it means the insurance carrier underwriting the policy extends its coverage to you for a certain term. There are many reasons for why this can come in quite handy. Consider these two examples:

Your contractor is in your attic checking the roof sheeting. It’s dark and he accidently falls through a hole in the floor and gets hurt. If you are named as an additional insured, you’re protected against a lawsuit because his policy coverage for accidents such as this now Constructionapplies to you as well. However, as part of the contract between you and the roofer, it’s important to include a “waiver of subrogation clause, which would prevent the contractor’s insurer from pursuing your insurance company (or you) for costs related to any worker’s compensation claim that may be filed. No claims filed against your policy means your premiums stay in check.

Another important clause to your additional insured policy is “completed operations” coverage, which essentially means the coverage survives the end of the job. Let’s suppose the roof is complete and the contractor has cleaned up and gone on to his next job. The following day, a UPS driver is walking up your driveway to deliver a package and steps on an overlooked roofing nail, causing an injury. The driver sues, but since this was the fault of the roofing company AND you had additional insured with completed operations coverage, the roofer’s insurance carrier is still yours in this case and will handle the litigation and any payout. You are liability free and again, your homeowner’s insurance stays untouched.

Additional insured clauses are an easy way to protect yourself when contractors are working on your home. They are commonly used and take almost no time to secure, so make sure you insist on one for your next home improvement project.

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

 

Contractors – The fine print on Waivers of Subrogation

Jonathan-BelekYour firm gets tapped to build a brand new office building in a promising location. The budget is high and the timeline reasonable. You can’t wait to sign the contract and get started. That “Waiver of Subrogation” it includes? You’ve seen it before and haven’t thought too much about it, as it seems to be becoming standard boilerplate. But just how important is it? Super important.

Waivers of subrogation are pretty much a must-have in today’s contracting world, and they create a significant condition that bears understanding in full. The basics on what exactly is subrogation and why would one agree to waive it are as follows:

A building is destroyed because of the negligence of an electrician working on it. This is a standard “covered peril” and per the owner’s insurance policy, the owner’s insurer is obligated to make the owner whole and pay a claim to cover the loss. The legal principle of “subrogation” then allows the insurer to literally step into the legal shoes of the owner and pursue the electrician (more likely, the electrician’s insurer) to recover the funds it paid Contractual Risk Managementout to the owner.

But if the owner and electrician had agreed to a “waiver of subrogation” as part of their contract for service, the owner’s insurer would not be able to pursue the electrician for damages and would instead carry the full risk exposure.

Naturally, waivers of subrogation often mean higher premiums, especially if a carrier is forced to pay a claim and cannot pursue a negligent third-party for reimbursement.

Sometimes contractors working on a particular job all agree to waive subrogation to avoid the uncertainty, hassle, and cost of litigation, and to collectively place the risk on the insurance carrier whose party suffered the loss, regardless of who caused it. Some would argue that minimizing the possibility of legal action and placing risk squarely in the lap of the insurers promotes better business relationships and keeps costs lower…(assuming of course, that nothing happens and premiums don’t skyrocket after a claim).

But waiving subrogation also means waiving your own right to sue. After all, when an insurance carrier subrogates, they are acting as a legal stand-in for the insured, assuming his or her rights. But a waiver is a surrender of rights to sue someone who causes you injury.

Feeling squeamish about giving up your right (and by proxy, the right of your carrier) to sue to recover damages? That’s totally understandable. But the reality in today’s construction marketplace is waivers are becoming standard. Don’t like it and don’t want to agree to it? In many cases you won’t get the job.

If you agree to a waiver of subrogation, what happens when the job is complete? That’s not always clear in some contracts, which can create the risk of unexpected future liability.

Once a project is complete, the owner’s insurance company may still try to pursue architects and contractors to recover damages if issues arise after the fact, even from fire, flood, and other natural disasters.

Obviously at this point, it’s in the interest of those third-parties for the waiver of subrogation to survive project completion. The clearest way to make sure that’s the case is to include a “completed project insurance clause” that specifies that a waiver of subrogation survives.

Looking for further guidance on the complicated topic of subrogation? Get in touch with me today.

Jon Belek
Sinclair Risk & Financial Management

jbelek@srfm.com