Wrap-Ups: Back to Basics
March 2006
It has occurred to me that while I have written
many articles addressing current wrap-up issues, we have somehow swayed from
the basics of what a wrap-up is and why to consider one. The sole purpose of
this article is to bring us back to the ABCs of controlled insurance programs.
This will also help some of our new readers catch up on this popular insurance
subject.
by Richard
Resnick
Willis of New York
What is a wrap-up? Simply put, a wrap-up changes the way liability and workers
compensation insurance is procured for large construction projects. Traditionally
subcontractors provide their own insurance as required by the owner for a particular
project. In addition the owner may purchase a contingency policy to protect
their own interests. This is also accomplished with other "risk transfer" methods
such as hold harmless agreements and additional insured provisions on behalf
of the owner.
As owners began to:
- identify the cost of insurance the subcontractors were placing in their
bids,
- see additional insured endorsements that restricted coverage, and
- review subcontractors policies that were deficient in limits and coverage,
they desired other means to handle insurance for their construction projects.
Wrap-ups became the coverage of choice for these projects. In short, a wrap-up
does exactly what it says. It wraps up all the worker compensation and general
liability insurance for all onsite contractors (including the general contractor
or construction manager) and owners of the project site. The premium for this
insurance is paid for by the owner and in return all participating contractors
reduce their bid prices by the cost of their own insurance.
Benefits of a Wrap-Up
While it may not always be the primary reason to do a wrap-up, cost savings
is a key factor in doing a wrap-up program. As discussed above, contractors
always place into their bids an estimated number to reflect the contractors
cost of insurance for that project. Depending on certain factors, such as type
of work the subcontractor is performing and where the work is being performed,
the subcontractor’s insurance cost can range from 2-8 percent of their estimated
contract value. Similarly, the general contractor will include a cost for its
insurance which may be approximately 1 percent of the project's construction value.
Add to this the insurance that an owner may purchase as contingency coverage.
What we begin to see is that the typical $100 million construction project may
have buried in the contract price approximately $6 million in insurance costs.
Well, simple logic dictates by using economies of scale and reducing mark-ups
alone we should be able to purchase a single insurance program for the entire
project for less then $6 million. We do this by emphasizing safety first and
a strong claims management program. Rather then paying the contractors a "fixed
price" for their insurance, a program is designed whereby the final cost of
the wrap-up is a variable based on general liability and workers compensation
losses.
Notwithstanding the obvious cost savings, the ability to control the coverage
and limits is becoming a popular reason for wrap-ups. This is particularly true
in residential construction, where at times the only means to being sure that
the contractors have residential construction insurance is through a wrap-up
program. Today, many contractors’ insurance policies have residential exclusions
and other coverage restrictions. By instituting a wrap-up, the owner now controls
the coverage and is able to enhance through "bulk buying" the proper insurance
coverage and ability to buy higher levels of protection not otherwise provided
by the subcontractors.
An often overlooked reason for a wrap-up is its ability to facilitate Minority
Business Enterprise (MBE) and Women Business Enterprise (WBE) requirements.
On many public projects where the controlling government authority may require
minority participation, a wrap-up may be the only means available to provide
consistent coverage to all participating contractors. Without this tool, many
minority contractors may not have the depth of coverage required by the public
entity and therefore would be unable to bid such jobs.
Project Size
Critical mass is what actually makes the wrap-up work. Insurance companies
generally look for projects with at least $100 million of hard construction
cost. By being able to underwrite larger projects, insurance companies can more
easily spread their risk among the large numbers. Smaller projects will not
yield the level of savings necessary for the owner to consider the "risk" of
an upswing in cost arising out of poor safety results.
Conclusion
My goal in this article is to provide a brief and succinct explanation of
a topic that many find somewhat confusing. Wrap-ups continue to be popular as
a means of not only reducing the ultimate construction cost of the project,
but as an excellent tool that provides quality coverage and protection that
may not otherwise be provided by the contracting community.
Opinions expressed in Expert Commentary articles are those of the author and are
not necessarily held by the author's employer or IRMI. Expert Commentary articles
and other IRMI Online content do not purport to provide legal, accounting, or other
professional advice or opinion. If such advice is needed, consult with your attorney,
accountant, or other qualified adviser.