Is Your Broker Supporting You Through the Claims Process?

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As a construction firm, you have probably faced your share of claims. Unfortunately, it’s part of the job. Have you found yourself on hold with a claims adjustor when you should be at a project site? Wouldn’t it be helpful to have guidance through the entire claims process, so you can get back to business? Absolutely! Your Broker should be performing a thorough analysis on both your firm’s internal claims process, as well as the insurance carrier's claims procedures.

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Topics: Claims, Safety

The Importance of Removing the Wrap-Up Exclusion From Your Policy

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As Wrap-Up Programs continue to become more popular, chances are, you have already found yourself enrolled in one. Make sure you have spoken to your Broker and removed the General Liability Wrap-Up Exclusion via endorsement on a blanket or project-specific basis.

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Topics: Claims, Wrap-Up Insurance, Construction Insurance

The 4 Basic Steps on Writing a Construction Incident Report

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Accidents happen. Sometimes no matter how safe your company is, a claim can occur. It’s important that as an Owner/General Contractor your team knows what they need to do prior to any accident. Make sure you have clearly identified who will be responsible for completing the incident report if an accident were to occur (i.e. a Supervisor, etc.).

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Topics: Claims, Construction Insurance

Can I Claim a Workers’ Compensation Injury if I Work From Home?

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The COVID-19 pandemic has caused many companies to shift their work environments. As we enter 2021, many employees are still in a hybrid (office/work-from-home) setting or an entirely remote environment. As such, employers should be aware of new litigation regarding work-from-home and compensability under their state’s Workers’ Compensation (WC) statutes.

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Topics: Claims, Workers' Compensation, COVID-19, Construction Trends

COVID-19 Business Interruption Court Rulings – U.S. & Abroad

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Small businesses in the United Kingdom (U.K.) celebrated a tremendous victory in the courts on Friday, January 15, 2021. The U.K. Supreme Court dismissed appeals by six insurers – Hiscox, RSA, QBE, Argenta, Arch and MS Amline – determining that “many thousands of policyholders will now have their claims for coronavirus-related (COVID-19) Business Interruption losses paid.”

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Topics: Claims, COVID-19, Construction Trends

Wrap-Ups—A Closer Look at Claims Management

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Wrap-Ups are a great risk management tool for large construction projects. There are many moving parts of a Wrap-Up program, which can seem overwhelming if you do not have the proper structure in place. The key elements of a Wrap-Up that create this structure include Program Design, Financial Risk, Administration, and Claims Management.

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Topics: Claims, CCIP, OCIP, Wrap-Ups

COVID-19 Business Interruption Court Ruling – What it Means

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An unprecedented court ruling regarding business interruption insurance claims impacted by COVID-19 ‘across the pond’ has many insurers and insureds anxiously awaiting any ripple effects to be felt in the U.S.   

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Topics: Claims, COVID-19, Construction Trends

Concurrent Delay vs. Assessment of Liquidated Damages

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Initially, courts dealt with a dearth of sophistication when determining the responsibility for the concurrent delay in the assessment of liquidated damages. Courts have now been permitting the assessment of liquidated damages, even where there are both Contractor and Owner-caused delays. Critical Path Method (CPM) scheduling software—aided by expert testimony—made a change in approach and willingness to use complex scheduling possible. Courts have tended to award liquidated damages with reasonable certainty when caused by the Contractor.

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Topics: Claims

How the Courts Rule on Project Delays

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Despite the fact there is a set project schedule, we often find that construction projects are delayed and finish later than expected. As a result, Owners will often attempt to assess their liquidated damages against their Contractors for the delay at the end of the project. In doing so, Contractors typically claim that the delay was either Owner-Caused or a Concurrent Delay, which means the delay occurred due to acts of others beyond their control by multiple, independent parties.

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Topics: Surety Bonding, Claims

5 New Scenarios Regarding COVID Construction Claims

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The construction industry has started picking up the pieces from COVID-19. Together, we have learned new lessons and developed new strategies for the future. Since this pandemic is unique, as disputes start to occur, we will start to see how the courts take precedent on COVID-19 cases. Here are 5 new construction scenarios to consider that could potentially lead to a claim.

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Topics: Claims, Construction Trends