Contractors: Get your subcontractor insurance house in order!

subcontractorIt’s a tough landscape for the building trades in Connecticut. Jobs are out there, but bidding is competitive and margins are tight.

We’re nearly 10 years past its beginning, but we’re still not fully recovered from the Great Recession that wiped out trillions of dollars in real estate equity.

Given that reality, it doesn’t surprise me when a construction firm — super eager to get started on a newly won job — starts bringing subcontractors into the tent without worrying about “little things” like insurance.

The work needs to get done now, so paperwork can wait, right?

If you don’t mind owning all the risk for the mistakes of your subcontractors, sure, but that’s not a healthy way to do business and it’s a dangerous approach that all but guarantees you won’t be in business very long.

At Sinclair Risk & Financial Management, we teach our clients about an important concept called “risk transfer.” Like a game of hot potato, you want to hold as little risk as possible when you’re working with others, and you want to make sure your subcontractors are operating in a way that minimizes their own risks…after all, you are relying on them to help you complete an important job. You need them to be stable and healthy.

Two important concepts here are “contractual risk transfer” and making sure your subcontractors have adequate worker’s compensation insurance.

Whenever you plan to bring a subcontractor on board, it’s an industry best practice to have a contract in place that clearly spells out the terms of the arrangement. You should also verify that the subcontractor has proper amounts of liability, auto, and worker’s compensation insurance. As part of your agreement with the subcontractor, you should be named as an “additional insured” on their policy, which means that their coverage will extend to you should something go wrong. This transfers risk to their carrier and prevents you from having to tap into your insurance (and run the risk of premium increases) for a situation where you were not at fault.

Some people think getting a “certificate of insurance” is proof of coverage, but it’s not, it’s just informational about the kind of policies your subcontractor has…unless very specific language is included on it. The certificate must accurately name you as an additional insured and include language to the effect that the coverage is binding as per the contractual agreement between you and the subcontractor. The agreement you put in place with your subcontractors needs to specify the amount and type of insurance they must carry, and that you are to be named as an additional insured for a particular period of time.

Some smaller contractors will carry liability and auto insurance but not worker’s compensation insurance, especially if they are a very small firm. This is a mistake, and opens you up to tremendous liability if they get hurt on your job. You don’t want your worker’s compensation policy paying out claims to individuals who don’t work for you.

So what kind of worker’s compensation do they need, and how much? Like contractual risk transfer, these are complicated questions with multiple factors at play. At Sinclair Risk, we specialize in helping construction firms manage their risk in a smart, efficient way, saving lots of dollars on the bottom line.

Besides helping you navigate contractual risk transfer, Sinclair’s Risk Safeguard Advantage program includes accident investigation programs, claims management, OSHA compliance, DOT compliance, return-to-work programs, safety seminars, supervisor safety training, pre/post injury management, workplace wellness, worker’s compensation cost containment, and much more.

We can even help you attract and retain top talent. (Check out my recent white paper about construction industry best practices for getting and keeping awesome employees.)

Drop me a line to learn more.

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Jon Belek

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