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Week of March 29, 2004

Front Page

President's Message

* For Working Families, Affordable Housing Is in Short Supply

Housing Forum

* Letters to the Editor

Housing and Economics

* With Mortgage Rates Down, New Home Sales Are Up Again in February
* Performance of Housing Industry to Remain Strong, Economists Predict
* Single-Family Home Resales Rise in February
* Eye on the Economy

Housing Politics

* Reauthorization of Flood Insurance Program Urged

Business Management

* Get Land for Nothing

Green Building

* Successful Business Strategy Starts With Green Home Building
* Recycling Construction Waste Becoming Second Nature in Colorado
* Low Impact Development Reduces Storm Water Runoff and Development Costs

Small Builders and Remodelers

* Insurance: Does Subcontractor Non-Compliance Put You at Risk?

Housing Consumers

* Column Service Article Advises Home Owners on Cicada Outbreak

Womens Council

* How to Negotiate a Job Offer

Member Dividends

* NAHB Helps Me Stay in Business, Improve My Profit Margin

International

* NAHB Working to Open Up Business Opportunities With Mexico

Labor

* Project CRAFT Graduates First Class in Dallas

Building Products

* Dream Tour Features Innovative Products and Construction Techniques

Builder's Engineer

* ‘No’ — The Hardest Word?

Building News Coast To Coast

Association News & Events

* NAHB Board Meeting in Washington April 27-May 2
* Column Service a News Source for Home Builders Associations
* Share Your Knowledge and Expertise
* Sign Up for the Legislative Conference and Make Housing a Priority in Congress
* Help Build This Year’s Family Build Home for a Mother of Three
* Calendar of Events

NBN Back Issues

 

Insurance: Does Subcontractor Non-Compliance Put You at Risk?

Times have changed over the past 20 years. Back then, industry-related lawsuits were less prevalent and problems and disagreements were handled out of court. Insurance was for the big companies. A small contractor could make a living on the wink-and-nod method of doing business.

No more. Consumer awareness, in general, is much more prevalent. Our customers are more astute, sophisticated and educated, and industry lawsuits are on the rise. This year it is predicted that three out of 10 contractors — 30% of contactors nationwide — will be sued for one reason or another.

In the past year, two “contractor-friendly” insurance companies have gone bankrupt — felled, at least partially, because of lawsuits against contractors related to mold and synthetic stucco problems primarily on the West Coast. By contractor-friendly, I mean these insurance companies offered low rates and required a minimum of paperwork.


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I don’t have to tell you that liability and the protection of our livelihood has become almost a full time job. Insurance, and the paperwork that accompanies it now, is a way of life for most of us. What does that do to our cost of managing our insurance? Additional mailings, other administrative requirements, tracking and analyzing and maintaining the extra paperwork required all have associated costs that should be taken into account when you bid your next job. Additional paperwork is estimated at 15%-18% with each new job file.

How Subcontractor Compliance — or Non-Compliance — Can Affect You

Whether or not your trade partners or subcontractors are compliant with insurance requirements can affect your business, too. First, you need to be aware of which of them are compliant or not because that could affect your ability to continue working with them. And consider the possible cost of their non-compliance: you could be named as an additional insured and be required to increase your liability insurance minimums, your worker’s compensation and your overall umbrella.

The question remains about what to do if any of your trade partners or subcontractors are not compliant. I suggest trying to make them understand that for the good of the team they need to comply with the insurance companies requests. This is easier said then done, especially when you look back on the years of trouble-free work they performed. Retraining them on the new procedures, such as having a subcontractor agreement accompany every proposal, has become a necessary part of everyday business, but something they may resist.

What Is the Risk of Non-Compliance for You, the Contractor? 

In states where a license is required, this is a non-issue. No insurance equals no license, which means no permits and ultimately, no work.

If you are working in states with less stringent licensing requirements, your company risks everything day after day.

So the question is: what are you willing to risk? There is more than a sense of pride to crossing every “t” and dotting every “i” when filling out insurance paperwork — there is a sense of ownership.

For more information about liability insurance, read NAHB’s white paper on Risk Transfer for Trade Contractors. You can find it on the NAHB Web site under General Liability Insurance. It outlines the risks contractors are liable for and the methods available to them to manage those risks.

Daryl Kemp, CGR, CAPS, is president of the remodeling company, Blackberry Builders, Inc., based in Elburn, IL, and a classically trained cabinetmaker. For more information, contact him via e-mail.


The NAHB University of Housing Offers Risk Management Course

Risk Management and Insurance for Building Professionals, offered by The NAHB University of Housing, is designed to help builders and developers avoid, minimize and transfer risks and, where possible, buy insurance and make insurance claims. Click here for a list of current offerings of this course and a full course description. 

This course may also be scheduled through your licensed state or local home builders association. For more information on how to schedule this course at your state or local HBA, e-mail Maria Alonso.


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