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Building Design and Construction Handbook - Merritt - Ventech!

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CONSTRUCTION PROJECT MANAGEMENT 17.51<br />

that state. An insurance company that has had extensive experience in the workers’<br />

compensation field is best suited to meet the requirements of most contractors. It<br />

is in the employer’s, as well as the employee’s, best interests to see that the company<br />

entrusted to provide workers’ compensation insurance is equipped to provide<br />

loss-prevention service <strong>and</strong> prompt first aid <strong>and</strong> to settle compensation claims fairly<br />

<strong>and</strong> speedily.<br />

Some states impose on contractors liability for injury to subcontractors <strong>and</strong> their<br />

employees unless insurance is specifically provided for subcontractors <strong>and</strong> their<br />

employees. Check the law of the state in which construction is to be performed.<br />

Subcontractors’ insurance should be carefully examined <strong>and</strong> deficiencies found<br />

should be corrected. Certificates of insurance should be required, including coverage<br />

for contractual liability (hold-harmless). Because many complex situations<br />

arise, it is important that the advice of a qualified agent or broker be obtained.<br />

An injured employee may believe that it is advantageous to waive workers’<br />

benefits <strong>and</strong> sue the employer for negligence or failure to maintain a safe place to<br />

work. Since benefits under workers’ compensation are limited by statute, the employee<br />

may believe that recovery in a lawsuit may be substantially higher. Insurance<br />

coverage for such suits is provided by Employers Liability Insurance.<br />

17.15.8 Money <strong>and</strong> Securities Protection<br />

Every contractor has cash, securities, a checking account, <strong>and</strong> payrolls that are<br />

vulnerable to attack by dishonest people, both on <strong>and</strong> off the payroll. The same<br />

hazards present in every business are present also in the construction business. And<br />

no contractor is immune to dishonesty, robbery of payroll, burglary of materials,<br />

or forgery of signature on check.<br />

Employee dishonesty may be covered on a blanket basis, either under a Primary<br />

Commercial or Blanket Position Form of Bond. The fact that contractors generally<br />

entrust the maintence of payroll records <strong>and</strong> the payment of employees to subordinates<br />

demonstrates the necessity for blanket dishonesty protection.<br />

While many contractors maintain an organization on a year-round basis, some<br />

may not. For those contractors who do have a permanent staff, the bond may be<br />

written on a 3-year basis at a saving. It is important that adequate limits be purchased.<br />

A blanket bond in an amount equal to 5% of the gross sales is desirable.<br />

General funds, securities, <strong>and</strong> payroll funds should be covered on the broadest<br />

basis available that protects against burglary, robbery, mysterious disappearance,<br />

<strong>and</strong> destruction, on <strong>and</strong> away from any premises. The general funds may be covered<br />

in an amount sufficient to protect against the maximum single exposure. Payroll<br />

funds may be insured specifically <strong>and</strong> in a different amount.<br />

Contractors who maintain inventories of materials should insure them against<br />

burglary <strong>and</strong> theft. It should be noted, however, that insurance companies are not<br />

willing to insure against loss by burglary or theft unless materials are under adequate<br />

protection. Insurance is not available to cover property on open sites or in<br />

yards, but only while within buildings that are completely secured when not open<br />

for business.<br />

Every business that maintains a checking account, however small the balance<br />

may be, should insure against loss caused by the forgery of the maker’s name or<br />

by the forgery of an endorsement of checks issued.<br />

The policy to cover all these hazards is the Comprehensive Dishonesty, Disappearance,<br />

<strong>and</strong> Destruction Policy. Its several insuring agreements include employeedishonesty<br />

coverage, broad-form money <strong>and</strong> securities protection, on <strong>and</strong> off the<br />

premises, <strong>and</strong> forgery. Other coverages to provide burglary <strong>and</strong> theft protection for

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