General contractors, the orchestrators of construction projects, juggle numerous responsibilities, and with those responsibilities comes a significant amount of risk. This translates into a specific set of common liability claims they frequently face, making insurance absolutely crucial for their survival. Understanding these common claims is the first step in mitigating potential financial devastation.
One of the most prevalent claims revolves around property damage. Think accidental damage to existing structures, faulty workmanship leading to water leaks or structural issues, or even damage caused by subcontractors. A simple example: a subcontractor accidentally punctures a gas line while excavating, leading to an explosion and significant property damage. The general contractor, often holding the primary contract, can be held liable for the resulting costs.
Next up are bodily injury claims. Construction sites are inherently dangerous environments. Falls from scaffolding, injuries from falling debris, or accidents involving heavy machinery are unfortunately common occurrences. If a worker, visitor, or even a passerby is injured on the site, the general contractor can be held responsible, particularly if negligence or inadequate safety measures are involved. Imagine a scenario where a poorly secured trench collapses, injuring a worker. The resulting medical bills, lost wages, and potential legal fees can be astronomical.
Contractual disputes also represent a significant source of liability. Disagreements over project scope, payment schedules, or change orders can quickly escalate into legal battles. A subcontractor might claim they werent paid for additional work, or the project owner might allege the contractor didnt fulfill their contractual obligations. These disputes can tie up projects, leading to costly delays and legal expenses.
Finally, construction defect claims can be a long-term headache. These claims arise when faulty workmanship or defective materials lead to problems down the line, often after the project is completed. A leaky roof, a cracked foundation, or faulty plumbing can result in costly repairs and legal action against the general contractor, even years later.
These common liability claims highlight the importance of comprehensive insurance coverage for general contractors. Without adequate protection, a single claim could cripple a business. Understanding the risks and securing the right insurance is not just good business practice, its essential for survival in the construction industry.
Managing risk is a fundamental aspect of running any business, and insurance policies are crucial tools in this endeavor. They offer a safety net, transferring the potential financial burden of unforeseen events to an insurance company in exchange for regular premium payments. Two common and vital types of insurance for businesses are Commercial General Liability (CGL) and Professional Liability insurance, often referred to as Errors and Omissions (E&O) insurance. Understanding these policies and how they work together is key to effectively managing risk.
CGL insurance is the bread and butter of business liability coverage. It protects against claims of bodily injury or property damage caused by your business operations, products, or employees. Imagine a customer slipping and falling in your store, or a product malfunction causing damage to someones property – these are the types of scenarios CGL insurance is designed to cover. It can pay for medical expenses, legal fees, and settlements or judgments, shielding your business from potentially crippling financial consequences.
Professional Liability insurance, on the other hand, addresses a different type of risk – claims arising from professional negligence or mistakes. This type of insurance is particularly important for service-based businesses, such as consultants, lawyers, accountants, and designers. If a client alleges that your professional advice or services caused them financial harm, Professional Liability insurance can step in to cover legal defense costs and potential damages. For example, if an accountant makes an error in a clients tax filing that results in penalties, this insurance can protect the accountant from the financial fallout.
While these policies cover different areas of risk, they often work in tandem to provide comprehensive protection. For instance, if a contractor accidentally damages a clients property while performing a service, both CGL and Professional Liability might be triggered. CGL would address the property damage, while Professional Liability could cover claims of negligence in the service provided.
Choosing the right insurance coverage requires careful consideration of your specific business risks. Factors like industry, size, location, and the nature of your operations all play a role. Working with a knowledgeable insurance broker can be invaluable in navigating the complexities of insurance policies and ensuring you have the right coverage in place to effectively manage your risks and protect your business. Dont view insurance as just another expense; its an investment in the long-term health and stability of your business.
Subcontractor insurance and indemnification agreements are crucial components of any construction project, acting as a safety net for everyone involved. Think of it like this: youre building a house and hire a plumber. If that plumber accidentally floods the basement while installing pipes, whos responsible? Without a proper agreement in place, you could be on the hook for significant damages. That's where these agreements come into play.
Essentially, these agreements transfer some of the risk from the general contractor (you, in our house example) to the subcontractor (the plumber). The subcontractor is required to carry certain types of insurance, protecting both themselves and the general contractor from financial losses due to accidents, injuries, or property damage. General liability insurance covers common incidents like slips and falls, while workers compensation insurance protects the subcontractors employees in case of work-related injuries. Other types of insurance, such as professional liability or errors and omissions insurance, may be required depending on the specific trade.
Indemnification takes this protection a step further. Its a promise from the subcontractor to reimburse the general contractor for certain losses, even if the general contractor is partially at fault. For example, if a faulty design provided by the general contractor contributed to the plumber's basement flood, the indemnification agreement might still require the plumber to cover some of the costs. This can be a complex area, and the specific terms of the indemnification clause are often heavily negotiated.
Having these agreements in place offers several benefits. It provides financial protection, ensuring that funds are available to cover potential losses. It also clarifies responsibilities, minimizing disputes and facilitating a smoother project. By requiring subcontractors to carry appropriate insurance and sign indemnification agreements, general contractors can significantly reduce their risk and create a safer, more secure environment for everyone involved in the project. Its like having a backup plan, just in case things go wrong. And in construction, lets face it, things sometimes do.
Insurance and liability management can feel like navigating a minefield, but with the right approach, you can significantly reduce your risks and protect your assets. It’s not just about buying the cheapest policy and hoping for the best; effective management requires a proactive, informed strategy. So, what are some best practices to keep in mind? First and foremost, understand your risks. This involves a thorough assessment of your specific situation. Are you a small business owner with a storefront? A freelancer working from home? A large corporation with international operations? The risks you face will vary drastically, and your insurance coverage should reflect that. Don't just guess – take the time to identify potential liabilities and quantify the potential financial impact. Once you understand your risks, you can start exploring appropriate insurance policies. Don't be afraid to shop around and compare quotes from different insurers. Pay close attention to the policy details, including coverage limits, deductibles, and exclusions. A lower premium might seem attractive, but it could leave you underinsured if a major incident occurs. Talk to a qualified insurance broker; they can help you navigate the complexities of the insurance market and find the right coverage for your needs. Beyond simply purchasing insurance, effective liability management involves implementing risk mitigation strategies. This might include things like regular safety inspections, employee training programs, and robust contractual agreements. Think of it as building a layered defense. Insurance is your safety net, but proactive measures can significantly reduce the likelihood of claims in the first place. Documentation is crucial. Maintain detailed records of your insurance policies, safety procedures, and any incidents that occur. This documentation can be invaluable in the event of a claim, helping to expedite the process and demonstrate your commitment to risk management. Finally, review your insurance coverage regularly. Your needs can change over time, so it's important to ensure your policies remain adequate. Annual reviews are a good practice, but you should also revisit your coverage after any significant changes to your business, such as expanding into new markets or introducing new products or services. Insurance and liability management isn’t a set-it-and-forget-it task. It requires ongoing attention and adaptation. By following these best practices, you can create a robust risk management framework that protects your interests and provides peace of mind.
The concept of home improvement, home renovation or remodeling is the process of renovating, making improvements or making additions to one's home.[1] Home improvement can consist of projects that upgrade an existing home interior (such as electrical and plumbing), exterior (masonry, concrete, siding, roofing) or other improvements to the property (i.e. garden work or garage maintenance/additions). Home improvement projects can be carried out for a number of different reasons; personal preference and comfort, maintenance or repair work, making a home bigger by adding rooms/spaces, as a means of saving energy, or to improve safety.[2]
While "home improvement" often refers to building projects that alter the structure of an existing home, it can also include improvements to lawns, gardens, and outdoor structures, such as gazebos and garages. It also encompasses maintenance, repair, and general servicing tasks. Home improvement projects generally have one or more of the following goals:[citation needed]
Maintenance projects can include:
Additional living space may be added by:
Homeowners may reduce utility costs with:
The need to be safer or for better privacy or emergency management can be fulfilled with diversified measures which can be improved, maintained or added. Secret compartments and passages can also be conceived for privacy and security.
Home or residential renovation is an almost $300 billion industry in the United States,[5] and a $48 billion industry in Canada.[6][full citation needed] The average cost per project is $3,000 in the United States and $11,000–15,000 in Canada.
Professional home improvement is ancient and goes back to the beginning of recorded civilization. One example is Sergius Orata, who in the 1st century B.C. is said by the writer Vitruvius (in his famous book De architectura) to have invented the hypocaust. The hypocaust is an underfloor heating system that was used throughout the Roman Empire in villas of the wealthy. He is said to have become wealthy himself by buying villas at a low price, adding spas and his newly invented hypocaust, and reselling them at higher prices.[7]
Perhaps the most important or visible professionals in the renovation industry are renovation contractors or skilled trades. These are the builders that have specialized credentials, licensing and experience to perform renovation services in specific municipalities.
While there is a fairly large "grey market" of unlicensed companies, there are those that have membership in a reputable association and/or are accredited by a professional organization. Homeowners are recommended to perform checks such as verifying license and insurance and checking business references prior to hiring a contractor to work on their house.
Because interior renovation will touch the change of the internal structure of the house, ceiling construction, circuit configuration and partition walls, etc., such work related to the structure of the house, of course, also includes renovation of wallpaper posting, furniture settings, lighting, etc.
Aggregators are companies that bundle home improvement service offers and act as intermediary agency between service providers and customers.
Home improvement was popularized on television in 1979 with the premiere of This Old House starring Bob Vila on PBS. American cable channel HGTV features many do-it-yourself shows, as does sister channel DIY Network.[8] Danny Lipford hosts and produces the nationally syndicated Today's Homeowner with Danny Lipford. Tom Kraeutler and Leslie Segrete co-host the nationally syndicated The Money Pit Home Improvement Radio Show.
Movies that poked fun at the difficulties involved include: Mr. Blandings Builds His Dream House (1948), starring Cary Grant and Myrna Loy; George Washington Slept Here (1942), featuring Jack Benny and Ann Sheridan; and The Money Pit (1986), with Tom Hanks and Shelley Long. The sitcom Home Improvement used the home improvement theme for comedic purposes.
A contractor[1][2] (North American English) or builder (British English),[3][4] is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project.[5]
In the United States, a contractor may be a sole proprietor managing a project and performing labor or carpentry work, have a small staff, or may be a very large company managing billion dollar projects. Some builders build new homes, some are remodelers, some are developers.[6]
A general contractor is a construction manager employed by a client, usually upon the advice of the project's architect or engineer.[7] General Contractors are mainly responsible for the overall coordination of a project and may also act as building designer and construction foreman (a tradesman in charge of a crew).
A general contractor must first assess the project-specific documents (referred to as a bid, proposal, or tender documents). In the case of renovations, a site visit is required to get a better understanding of the project. Depending on the project delivery method, the general contractor will submit a fixed price proposal or bid, cost-plus price or an estimate. The general contractor considers the cost of home office overhead, general conditions, materials, and equipment, as well as the cost of labor, to provide the owner with a price for the project.
Contract documents may include drawings, project manuals (including general, supplementary, or special conditions and specifications), and addendum or modifications issued prior to proposal/bidding and prepared by a design professional, such as an architect.The general contractor may also assume the role of construction manager, responsible for overseeing the project while assuming financial and legal risks.There are several types of risks can occur include cost overruns, delays, and liabilities related to safety or contract breaches.
Prior to formal appointment, the selected general contractor to whom a client proposes to award a contract is often referred to as a "preferred contractor".[8]
A general contractor is responsible for providing all of the material, labor, equipment (such as heavy equipment and tools) and services necessary for the construction of the project. A general contractor often hires specialized subcontractors to perform all or portions of the construction work. When using subcontractors, the general contractor is responsible for overseeing the quality of all work performed by any and all of the workers and subcontractors.
It is a best practice for general contractors to prioritize safety on the job site, and they are generally responsible for ensuring that work takes place following safe practices.
A general contractor's responsibilities may include applying for building permits, advising the person they are hired by, securing the property, providing temporary utilities on site, managing personnel on site, providing site surveying and engineering, disposing or recycling of construction waste, monitoring schedules and cash flows, and maintaining accurate records.[9]
The general contractor may be responsible for some part of the design, referred to as the "contractor's design portion" (JCT terminology).[10]
In the United Kingdom, Australia and some British Commonwealth countries, the term 'general contractor' was gradually superseded by builders during the early twentieth century.[citation needed] This was the term used by major professional, trade, and consumer organizations when issuing contracts for construction work, and thus the term 'general contractor' fell out of use except in large organizations where the main contractor is the top manager and a general contractor shares responsibilities with professional contractors.
General contractors who conduct work for government agencies are often referred to as "builders". This term is also used in contexts where the customer's immediate general contractor is permitted to sub-contract or circumstances are likely to involve sub-contracting to specialist operators e.g. in various public services.
In the United States and Asia, the terms general contractor (or simply "contractor"), prime contractor and main contractor are often interchangeable when referring to small local companies that perform residential work. These companies are represented by trade organizations such as the NAHB.[11]
Licensing requirements to work legally on construction projects vary from locale to locale. In the United States, there are no federal licensing requirements to become a general contractor, but most US states require general contractors to obtain a local license to operate. It is the states' responsibility to define these requirements: for example, in the state of California, the requirements are stated as follows:
With a few exceptions, all businesses or individuals who work on any building, highway, road, parking facility, railroad, excavation, or other structure in California must be licensed by the California Contractors State License Board (CSLB) if the total cost of one or more contracts on the project is $500 or more.
In every state that requires a license, a surety bond is required as part of the licensing process, with the exception of Louisiana, where bonding requirements may vary in different parishes. Not all states require General Contractor licenses - these include Vermont, New Hampshire and Maine, among others.
Some general contractors obtain bachelor's degrees in construction science, building science, surveying, construction safety, or other disciplines.
General Contractors often learn about different aspects of construction, including masonry, carpentry, framing, and plumbing. Aspiring general contractors communicate with subcontractors and may learn the management skills they need to run their own company.
Experience in the construction industry as well as references from customers, business partners, or former employers are demanded. Some jurisdictions require candidates to provide proof of financing to own their own general contracting firm.
General Contractors often run their own business. They hire subcontractors to complete specialized construction work and may manage a team of plumbers, electricians, bricklayers, carpenters, iron workers, technicians, handymans, architects and roofers. General Contractors build their business by networking with potential clients, buying basic construction tools, and ensuring that their subcontractors complete high-quality work. General Contractors do not usually complete much construction work themselves, but they need to be familiar with construction techniques so they can manage workers effectively. Other reasons include access to specialist skills, flexible hiring and firing, and lower costs.
A property owner or real estate developer develops a program of their needs and selects a site (often with an architect). The architect assembles a design team of consulting engineers and other experts to design the building and specify the building systems. Today contractors frequently participate on the design team by providing pre-design services such as providing estimations of the budget and scheduling requirements to improve the economy of the project. In other cases, the general contractor is hired at the close of the design phase. The owner, architect, and general contractor work closely together to meet deadlines and budget. The general contractor works with subcontractors to ensure quality standards; subcontractors specialise in areas such as electrical wiring, plumbing, masonry, etc.
Renovation (also called remodeling) is the process of improving broken, damaged, or outdated structures. Renovations are typically done on either commercial or residential buildings. Additionally, renovation can refer to making something new, or bringing something back to life and can apply in social contexts. For example, a community can be renovated if it is strengthened and revived. It can also be restoring something to a former better state (as by cleaning, repairing, or rebuilding). Renovation is very common in some places. For example, there are more than twenty thousand home improvement projects every year in Hong Kong, affecting more than a million residents[1] (population of HK is around 7.5 million in 2023).[2]
The building renovation process can usually, depending on the extents of the renovation, be broken down into several phases. The phases are as follow.[3]
Projects involving renovation require not just flexibility, but a plan that had been agreed upon by multiple parties. The planning process will involve feedback from financial investors of the project, and from the designer. Part of planning will also entail the collection of data for the completion of the project and then the project plan will be revised and given consent before continuing with renovations.[6]
Technology has had a meaningful effect on the renovation process, increasing the significance and strength of the planning stage. The availability of free online design tools has improved visualization of the changes, at a fraction of the cost of hiring a professional designer. The decision regarding changes is also influenced by the purpose of basement renovation [1]. Depending on the significance of these changes a professional may be required, especially if any changes other than cosmetic work (paint or finishes) is required. Many local codes require a professional to complete work in the built environment such as structural changes, new walls, new plumbing, or many others. Doing these changes without hiring a professional can result in health effects, safety concerns, damages, fines, and increased cost due to having to hire a professional after self-work.[7] Most builders focus on building new homes, so renovating is typically a part-time activity for such tradespeople. The processes and services required for renovations are quite specific and, once plans are signed off, building a new home is relatively predictable. However, during renovation projects, flexibility is often required from renovation companies to respond to unexpected issues that arise. Renovations usually require all of the sub-trades that are needed for the construction of a new building.
In case of a so-called "fix-and-flip" (repair and resell) objective, an ROI (return on investment) can result from changes to fix a structural issue, to fix design flow yield,[8] or to use light and color to make rooms appear more spacious. Because interior renovation could change of the internal structure of the house, ceiling construction, circuit configuration and partition walls, etc., such work related to the structure of the house, of course, also includes renovation of wallpaper posting, furniture settings, lighting, etc often times an interior designer is required as well.[9]
Many people renovate homes to create a new appearance. Builders may renovate homes to enhance the home's value as a stable source of income.[11] Homeowners often renovate their homes to increase the re-sale value and to turn a profit when selling. Homeowners may also want to add renovations that make their home more energy efficient, green or sustainable.[12] Also, over time, a homeowner's personal preferences and needs may change, and the home will be renovated for improved aesthetics, comfort, or functionality.
Other types of renovations also can be initiated for similar reasons. The user or owner of a building can change which can effect the needs or wants for the space prompting a renovation. This is becoming more popular as buildings owners are renting or leasing floors or sections of the buildings to companies which have different spacial requirements than the previous users causing needed renovation. Renovations can also occur as companies increase size which could lead to needed additional retail, office, or other types of spaces. Similarly to homes other building owners could also want renovations to increased value, make the building more energy efficient, green or sustainable, or to update the building.[13] Sometimes shopping centres or shops are renovated to raise rent later.
Wood is versatile and flexible, making it the easiest construction material for renovations, and wood buildings can be redesigned to suit changing needs. Few homeowners or professional remodelers possess the skill and equipment that is required to alter steel-frame or concrete structures.
When looking at embodied carbon in building materials wood is often labeled as the most sustainable. This is because it sequesters carbon which if certified sustainably sourced will significantly reduce embodied carbon of buildings. This makes it a low emitting choice for a building material for an overall building and for renovations.[14]
Forest certification verifies that wood products have been sourced from well-managed forests. Most certification programs provide online search options so that consumers can find certified products—the Certification Canada program includes a search option for all of the certification programs that are in use in Canada.[15]
In North America, most structures are demolished because of external forces such as zoning changes and rising land values. Additionally, buildings that cannot be modified to serve the functional needs of the occupants are subject to demolition. Very few buildings on the continent are demolished due to structural degradation.[16]
The Athena Institute surveyed 227 commercial and residential buildings that were demolished in St. Paul, Minnesota, between 2000 and mid-2003. Thirty percent of the buildings were less than 50 years old, and 6% were less than 25 years old. The four top reasons for demolition were "area redevelopment" (35%), "building's physical condition" (31%), "not suitable for anticipated use" (22%), and "fire damage" (7%). Lack of maintenance was cited as the specific problem for 54 of the 70 buildings where physical condition was given as the reason for demolition.[16]
Plastics are extensively used in the construction and renovation industry.[17] Airborne microplastic dust is produced during renovation, building, bridge and road reconstruction projects[18] and the use of power tools.[19] It is also generated by deterioration of building materials[20]
Materials containing polyvinyl chloride (PVC), polycarbonate, polypropylene, and acrylic, can degrade overtime releasing microplastics.[17] During the construction process single use plastic containers and wrappers are discarded adding to plastic waste.[21] These plastics are difficult to recycle and end up in landfills where they break down over a long period of time causing potential leaching into the soil and the release of airborne microplastics.[22][23] Efforts have been made to reduce plastic waste by adding it to concrete as agglomerates. However, one solution for resolving the problem from the large amount of plastic wastes generated could bring another serious problem of leaching of microplastics. The unknown part of this area is huge and needs prompt investigation.[24]
Around twenty percent of all plastics and seventy percent of all polyvinyl chloride (PVC) produced in the world each year are used by the construction industry.[25][26] It is predicted that much more will be produced and used in the future.[25] "In Europe, approximately 20% of all plastics produced are used in the construction sector including different classes of plastics, waste and nanomaterials."[26]
While the type of material used will determine the composition of the dust generated, the size and amount of particulates produced are mainly determined by the type of tool used. Implementation of effective dust control measures may also play a role.
Use of angle grinder is not preferred as large amounts of harmful sparks and fumes (and particulates) are generated when compared with using reciprocating saw or band saw.[27] Angle grinders produce sparks when cutting ferrous metals. They also produce shards cutting other materials. The blades themselves may also break. This is a great hazard to the face and eyes especially, as well as other parts of the body.[28]
Use of power tools can cause adverse effects on people living nearby. Power tools can produce large amounts of particulates including ultrafine particles.[29]
Particulates are the most harmful form (other than ultra-fines) of air pollution[30] There is no safe level of particulates.[31]
Many tasks create dust. High dust levels are caused by one of more the following:[32]
Examples of high dust level tasks include:[32]
Some power tools are equipped with dust collection system (e.g. HEPA vacuum cleaner) or integrated water delivery system which extract the dust after emission.[33][34]
In the US, “About 75% of homes built before 1978 contain some lead-based paint. The older the home the more likely it is to contain lead-based paint. You should assume that any home built before 1978 contains some lead.”[35]
In April 2010 the U.S. Environmental Protection Agency (EPA) required that all renovators working in homes built before 1978 and disturbing more than 6 square feet (0.56 m2) of lead paint inside the home or 20 square feet (1.9 m2) outside the home be certified. EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) lowers the risk of lead contamination from home renovation activities.[36] It requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools (any child occupied facility) built before 1978 be certified by EPA and use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices.[37]
Careful stabilization of any deteriorated (peeling, chipping, cracking, etc.) paint in a lead-safe manner is also encouraged. Through authority vested in the United States Department of Housing and Urban Development (HUD), lead-based-paint removal by dry scraping, dry sanding, torching and burning, the use of heat guns over 1100°F, and machine-sanding / grinding without a HEPA-filtered vacuum or a HEPA filtered dust collection system, is prohibited, as these methods have been proven to produce significant amount of lead dust during renovation, remodeling and painting.[38]
At the end of any remodeling or repainting job, a dust test performed by an independent third-party professional is also required by HUD for "clearance". Lead evaluations are done using a method called X-Ray fluorescence (XRF), which gives a result in 4–8 seconds with a 95% accuracy at the 2-sigma level.
As of 2018[update], there are an estimated 37 million homes and apartments with lead paint in the United States.[39]
Currently, worldwide 38% of emissions and 35% of energy use come from the building sector, including building construction and operation. This means renovations contribute to emissions and energy use of the building sector. These percentages are the largest portion of the total emissions and energy use globally.[40] This makes buildings have the highest potential for decreasing these percentages as well as the largest need to decrease them. Renovations are also one way to do this.
Renovations decrease emissions as instead of demolishing a building just to build a new one the building is reused. Reuse of buildings is not always desirable as it is often pursued to have a building designed for the many individual and unique needs building owners have but it is not always a necessity. Renovations can take a building and make it completely different from the old building just reusing the structure, which is often the largest contributor of embodied carbon to a building. However, in order to be able to do this buildings need to be design durably and re-use. Designing for durability and reuse is designing for new buildings to be "long lasting, use-adaptable, and culturally valuable"[14] to allow for the building to be kept for longer to minimize emissions from a complete rebuild.
Having these ideas in mind while designing new buildings significantly increases the likelihood for renovations to happen.[14] Buildings are more likely to be torn down because they can not accommodate the new desired use then because the structure is failing.[16] Renovations allow old buildings to fit new needs in a way that outputs less emissions than a complete tear down and construction of a new building which is often a feasible option.
Renovation has several effects on economies, including:[41]
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