wsa construction risk management
TRANSCRIPT
Construction Risk ManagementPresented by Greg Schmidt, CPCU, ARMFor the WTBA Contractor-Engineer ConferenceJanuary 2009
In this presentation, we will review: • Risk Management Process• Commercial Insurance• Construction Contracts + Contractual
Liability• Safety Issues• Lowering Costs & Staying Pretty
Construction Risk Management
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Definition of Risk Management:
Risk Management
The process of planning, leading and controlling the resources and activities of an organization --
To fulfill its objectives cost effectively
To protect and grow corporate assets
To enhance shareholder value3
Process Defined:
Risk Management
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Identify Exposures to Loss:
Risk Management
• Property• Personnel• Net Income• Liability
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Risk Funding Techniques:
Risk Management
• Current Expensing• Unfunded Reserves• Funded Reserves• Borrowing• Captive Insurers• Commercial Insurance• Contractual Transfer for Risk Financing
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Definition of Commercial Insurance:
Commercial Insurance
A contract under which one party, the insurer, agrees - in exchange for the payment of a premium - to pay for specified losses the insured may suffer, up to specified amounts, under conditions specified in the insurance contract.
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Sample Insurance Portfolio for WTBA Members:
Commercial Insurance
• Workers Compensation • General Liability• Automobile• Umbrella or Excess Liability• Professional Liability (Design Build,
Engineering Only• Property/ Contractor’s Equipment• Property/ Builder’s Risk• EPLI/D&O/RRP/OCP/Pollution
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Workers Compensation Coverage:
Workers Compensation Costs:Premium = Payroll x Rate x Experience Factor
Commercial Insurance
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General Liability Coverages & Costs:
Commercial Insurance
• Third Party Damages• Bodily Injury, Property Damage, Personal
Injury• Defense Expenses• Settlements, Awards
Premium = Payroll/ Sales x Rates x Experience
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Automobile Coverages & Costs:
Commercial Insurance
Third Party Damages -
• Bodily Injury & Property Damage Liability• Hired and Non-Owned Liability• Medical Payments
First Party Damages -
• Uninsured and Underinsured Motorists• Comprehensive and Collision Coverages• Hired Physical Damage
Premium = Vehicle Type, Usage and Cost x Rates x Experience11
Umbrella or Excess Liability Coverages & Costs:
Commercial Insurance
Third Party Damages –
Extends Limits Over Underlying:
• General Liability• Auto Liability• Employer’s Liability
Premium = Limits Selected and Underlying Premiums x Rates
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Professional Liability Coverages & Costs:
Commercial Insurance
Third Party Damages –
• Professional Errors & Omissions• Defense Expenses• Settlements, Awards
Premium = Type of Professional/Sales/Limits x Rates x Experience
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Contractor’s Equipment Coverages & Costs:
Commercial Insurance
First Party Coverage -• Mobile Equipment • At Shop• On Job-sites• In Transit• Hired, Borrowed and Rented• Crane Overload • Installation Floater Materials
Premium = Value of Equipment X Rates X Experience14
Builder’s Risk Coverages & Costs:
Commercial Insurance
Premium = Cost of Construction x Rates
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Commercial Insurance
• Experience (claim history) plays significant role in premium level
• Underwriters concerned with loss frequency issues
• Just as your workers compensation premium is adjusted via an experience rating factor, rates on other lines are debited (credited) according to claim history
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Commercial Insurance
Marketplace Conditions: Repercussions for WTBA Members:
• Upward pressure on rates. The global recession will temper this pressure via lower demand
• Hard market and escalating rates are predicted to persist as new capital infusions into the industry are scarce due to frozen credit/capital markets*
• Expectations are that insurance-related costs will increase. In some cases, and on some lines, those increases will be significant.
• Stressed profit margins will face additional pressure
* Advisen, Dec. 20, 2008 17
Commercial Insurance
Concerns/Opportunities for WTBA Members:• State budget issues
• Record projected deficit• Revenue shrinkage due to business conditions• Long-term infrastructure funding mechanisms
need re-vamping• Possible federal infrastructure stimulus bill
forthcoming with new administration• Depending on where dollars are distributed,
out-of-state competition likely to increase• With funding comes strings
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Commercial Insurance
Federal-Level Funding Scenarios:• With funding comes strings
• Prequalification process and safety standards may be ramped up
• Workers compensation experience mod over 1.00 may disqualify your bid
• Some private owners require written procedures for pre-planning safety issues into each project
• OCIP safety requirements likely to become more stringent
• WisDOT use of OCIPs likely to become a matter of course on large “mega corridor” projects
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Commercial Insurance
State of the Marketplace:• 2008 Cat losses increased 50% over 2007• Financial market meltdown has eroded insurers’
balance sheets• Reserve levels are being drawn down to pay for cat
losses and to write off investments. • Last month Towers Perrin estimated 15% of industry
reserves would disappear• Combined ratios (losses + expenses) are
deteriorating and the industry is losing money on its underwriting
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Definition:
Construction Contracts
Specify the legal responsibilities and obligations between the project Owner and the Contractors.
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Issues:
Construction Contracts
• Indemnification Agreements (Huge)• Insurance Specifications• Insurance Compliance/Certificates of Insurance• Additional Insureds/Waivers of Subrogation• Builder’s Risk (Who is responsible)• Safety and Loss Control Programs (Discretion of
Owner)• OSHA Compliance
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Indemnification Agreements:
Construction Contracts
Broad Form – AVOID -
Pay any and all damages, costs, expenses - even for sole negligence of owner. Your insurance carrier would pay for claims caused by others.
Limited Form – ACCEPT –
Pay bodily injury and property damages to the extent of own negligence
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Insurance Specifications:
Construction Contracts
• Workers Compensation – Statutory Benefits• General Liability – limits specified in contract• Auto Liability – limits specified in contract• Umbrella/ XS Liability – limits specified in
contract• Professional Liability – limits specified in
contract• Builder’s Risk - $Project Cost, $Materials On-
site, Off-site and In Transit• Additional Insureds, Waivers of Subrogation• Certificates of Insurance
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Insurance Compliance/ Certificates of Insurance:Construction Contracts
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Additional Insureds:
Construction Contracts
• After payment of a claim, restricts an insurer’s right to collect from the responsible party
• Obligates an insurer to defend and possibly pay claims of another party
• AVOID – Primary Noncontributory Language. If it is included, add the phrase: “but limited to the operations conducted by the Named Insured.”
Waivers of Subrogation:
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Construction Contracts
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Construction Contracts
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Builder’s Risk:
Construction Contracts
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Safety Issues
• OSHA/MSHA Purpose• Establish minimum safe workplace standards• Conduct workplace inspections for compliance
• 29 CFR 1926 Standard applies to road construction operations• Table of Contents is nine pages long!
• 29 CFR 1910 applies to general construction• OSHA Partnership program agreements exceed
minimum safety standards• Bottom line – Safety issues demand your attention
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Safety Issues
Accident Pyramid
Lost Time Injury
First Aid Cases
Near Misses
At -Risk Behaviors
Severity
Frequency
AccidentPotential
Situations
Major Accident
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1
300
3,000
30,000
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Safety Issues
• A successful safety program focuses its efforts on the bottom of the pyramid
• Reducing at-risk behaviors and near misses will result in lower claim frequency and severity rates over time
• Establish a corporate climate of eliminating at-risk behaviors
• Develop internal protocol to allow for site/project specificity safety procedures
Lost Time Injury
First Aid Cases
Near Misses
At-Risk Behaviors
Severity
Frequency
AccidentPotential
Situations
Major Accident
301
300
3,000
30,000
Safety Issues
Critical components of a successful safety program:
• Top management support and commitment
• Foreman/Supervisor involvement and accountability
• Recognition/Reward for meeting and exceeding expectations
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Lowering Costs & Staying Pretty
Underwriters look for these account characteristics – • Solid financial position• Quality management• Contractual/Risk Transfer
controls• Auto/fleet controls
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Lowering Costs & Staying Pretty
Solid Financial Position:• Profitable • Willing to invest in safety, training and
equipment
Quality Management:• Reputation and work quality • Clear safety accountability structure
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Lowering Costs & Staying Pretty
Contractual/Risk Transfer Controls:• Qualified internal contract review prior to
execution• Applicable to both prime and subcontract
work
Auto/Fleet Controls:• Uniformly enforce of company policies• Be familiar with the doctrine of Negligent
Entrustment36
Lowering Costs and Staying Pretty
• Meaningful improvement is possible • Large, multi-state contractor – 3mm+
man hours without a lost-time injury• Marquette OCIP accumulated 2.25mm
man hours without a “major” injury• Implementation will help ensure your
firm is insurable regardless of market conditions
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Lowering Costs & Staying Pretty
• 90-120 days out from insurance program renewal date is too late to pay adequate attention to the program structure
• Average insurance costs for road construction accounts run between 1% to 2.5% of revenue
• Make it your goal to be better than average
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Questions and Comments
Thank you for your attendance and participation!
Greg SchmidtWSA Account ExecutivePhone: 715.847.7792Cell: 715.574.1519
Email: [email protected]
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