Avoid Surprise Premium Increases by Collecting Subcontractor Insurance Certificates

Author, Jack Marrs, Associate Account Executive, Rancho Mesa Insurance Services, Inc.

In the nonprofit world, every dollar matters. Whether you are running community programs, providing housing, or supporting individuals with disabilities, it is important to keep operating costs predictable and under control.

There is one area where we are seeing many nonprofits get blindsided during workers’ compensation audits and it often leads to unexpected premium increases.

If your organization pays independent contractors or subcontractors like drivers, program instructors, consultants, and maintenance workers and you do not collect certificates of insurance (COI) showing they have active workers’ compensation coverage, your insurance carrier may treat them like your employees during the annual audit.

The consequences of not collecting proof of workers’ compensation coverage means:

• The amounts you paid those individuals will be added to your payroll,

• Your final premium could increase significantly,

• You will be paying more for coverage you did not intend to buy.

We have recently seen multiple nonprofits hit with unexpected audit bills, not because they did anything wrong, but because they were not aware of this requirement.

Examples:

• A nonprofit that hired a part-time yoga instructor for their afterschool program did not request a COI. At audit, the instructor’s pay was included as payroll, adding over $3,000 to the final premium.

• Another organization paid an IT consultant $15,000 for a short-term project. The organization assumed since the consultant was not an employee, they didn’t need to worry about workers’ compensation. At audit, the amount paid to the consultant was included in the payroll calculation and the organization had to pay an extra $2,500 in premium.

Carriers are tightening their audit practices. If you cannot provide proper documentation that a subcontractor had their own workers’ compensation coverage, the carrier assumes your organization will be responsible if they get injured. Even if you never intended to cover them, they will count that payment towards your audited payroll and charge you accordingly.

To prevent an unexpected increase in premium at audit, always collect and keep on file a valid COI for any subcontractor or independent contractor you pay. The COI must show active workers’ compensation coverage for the time they performed work for you. If someone says they are exempt or does not have coverage, demand that they provide some form of documentation showing proof they do not need it. When in doubt, consult with your insurance broker and/or your workers’ compensation auditor to understand the potential issues.

If your organization is paying subcontractors or independent contractors, do not risk a surprise audit bill. Collect and retain COIs that prove they are covered. It is a small administrative step that protects your mission and your budget.

For questions about avoiding surprise workers’ compensation increases at audit, contact me at (619) 486-6569 or jmarrs@ranchomesa.com.

Developing A Strong Subcontract Agreement with Tree Care Partners

Author, Drew Garcia, Vice President of the Landscape Group, Rancho Mesa Insurance Services, Inc.

Having strong service partners that support your customers outside of your core operations is an important part of business. Many commercial landscape businesses have regional relationships with professional tree care companies to support the needs of their customers.

Here are some of the key components when setting up your overall subcontract program, specific to the tree care industry.

Written Subcontract Agreement

Work with your attorney to draft a master subcontract agreement or project/job specific subcontract agreement since the type of indemnity agreements can change from state to state.

Among other things this agreement should clearly define indemnity and provide insurance requirements.

Insurance Requirements

Limits
Collaborate with your insurance advisor to specify the types of coverages and policy limits you will require in the subcontract agreement. 

Arborist Errors & Omissions Coverage
The tree care company should carry some type of Arborist E&O endorsement or have a separate policy providing coverage for Arborist E&O.

Depending on the scope of work, if the tree care company is providing written arborist reports or providing professional consulting services, require them to carry professional liability coverage.

Additional Insured
Ask the tree care company to name you as an additional insured for both ongoing and completed operations coverage, including primary/non-contributory and waiver of subrogation on their general liability policy in your favor.

Certificates of Insurance
Collect certificates of insurance and automate the process of requesting an updated certificate as the policy period nears expiration.

Transferring risk where possible is critical for landscape contractors. Using these initial steps as you build out a best practice subcontract agreement can insulate your company from the ever growing exposures that exist as you engage with partner trades.

To discuss your company’s management of risk, contact me, Drew Garcia, at (619) 937-0200 or drewgarcia@ranchomesa.com.

Three Reasons to Read Subcontractor Warranty Endorsements

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

Contractors General Liability Policies provide coverage for bodily injury and property damage for which the named insured is legally liable. This legal liability can result from the company’s direct operations or from other subcontractors hired by the named insured.

Many general liability carriers will include some form of subcontractor warranty endorsement which establishes minimum requirements for subcontractors relative to insurance and other risk management benchmarks. At a minimum, these forms require written indemnification in favor of the named insured, certificates of insurance with additional insured wording, and specific insurance limits required by subcontractors.

These endorsements can vary widely from carrier to carrier; so, contractors may be faced with serious consequences in the event that requirements are not met. Below are three types of penalties policyholders may encounter:

1. Coverage is DENIED relative to any loss resulting from the work of the subcontractors.
2. Coverage is not altered, but a higher deductible or retained limit applies to any loss resulting from the work of the subcontractor. For example, should you fail to comply with the warranty, the deductible on the policy is amended from $5K to $25K.
3. Coverage is not altered, but failure to comply will result in an additional premium charged at the final audit.

It is critical to have a strong contractual written transfer program in place with proper certificates of insurance from your subcontractors, regardless of the contract amount. Lean on your broker to interpret these endorsements and help negotiate the most favorable terms as you head into your renewal. Understanding these nuances can be the difference between a covered loss and an unexpected large capital expense.

For more information about subcontractor warranty endorsements, contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.