Talking to a Construction Insurance Broker
can be a very frustrating experience. Believe me when I tell you, I understand
completely.
When I talk to my CPA, I have no idea what the hell he is talking about 75% of
the time. I do not understand all the rules of the IRS, all the forms needed for
a tax return. As a matter of fact, as far as I am concerned, a tax return must
have been invented on Mars. . .
I don’t feel any better talking to my financial guy either, Mid caps, small
caps, growth funds, etc., etc., etc. . .another invention from Mars.
I do not understand their language, and I don’t understand the game. Yes I said
game, because it is obvious I don’t know the rules of the “game”. If I did, I
would pay less tax, and my portfolio would have grown 2000% over the years.
I don’t have the time to study IRS Law, or financial analysis. Why? Because I
spend my time being the best construction broker I can be.
If you are a small contractor, you or your wife have to deal with insurance. If
you are a mid size contractor, it’s either you or you have a person in your
office you shove this chore off to. If you are a very large contractor you may
have a qualified person in your organization who knows what they are doing and
can ask the right questions, fill out the forms correctly and get the best price
available.
Regardless of your size, I am sure the following information can help anyone do
their job better and cut the cost of their insurance. Even people who hate
dealing with insurance.
A few tips before we
get started. . .
- BEFORE YOU START SHOPPING
-
Know your payroll figures for
the next 12 months (best estimate)
-
Know your sub costs for the
next 12 months (best estimate)
-
Know your gross sales for the
next 12 months (best estimate)
-
Percentage (%) of work subbed
out for the next 12 months (best estimate)
-
Number of employees for the
next 12 months (best estimate)
DON'T DIAL THE PHONE WITHOUT THIS INFORMATION! YOU ARE WASTING YOUR
TIME, AND YOU WILL NOT GET THE BEST PRICE.
-
Be prepared to explain your
operation in detail, make it easy on yourself, write out your operation in
detail and fax it to the person giving you a quote.
-
If you work on Condo’s,
Townhouses, Tract Homes, or Apartments, Write down what % of these projects
you work on.
-
Do you do work under a WRAP
(OCIP)? If you do, what % of your work is WRAP (OCIP) work?
-
Do you have to sign a
contract? Are you going to sign different contracts to work with different
people? If you do, have a copy of the contract(s) handy and give them to the
person you are asking for a quote. It will do you no good to buy the wrong
policy!
-
Do you have loss runs? Many
people tell me, I have been in business for 20 years and never had a claim.
Well that is wonderful. BUT, can you prove it? Loss runs are what a company
gives you at the end of your policy period and states what losses you have
had in that policy period or it will say, No losses were reported in the
policy period. That is how you Prove you have not had a loss. This is very
important. You should always ask for a copy of your loss history after a
policy period. Another reason is insurance companies go out of business.
Once that happens it is not very easy and sometimes impossible to get a loss
history. So you may have a perfect record but you cannot prove it!
Okay, now let's see how
insurance companies come up with those rates. Not all insurance companies rate
the same way. There are many variations.

I get calls from contractors
who want a quote. When I start asking them
questions, they tell me, I don’t want to give you that information, just give me
a quote.
Well, it just does not work that way. Insurance companies base their rates
depending on a lot of factors, I need certain information to get them a quote.
Over 27 years, I have been asked many questions; the ones below are the most
asked.
-
Just how does an insurance
company come up with the rates it charges?
-
Do different companies charge different rates?
-
How can two companies base their rates differently and come up with the
same rate?
-
Am I being penalized because I live in a particular city or county?
-
My Subs have insurance, why do I have to pay based on subs?
-
What difference does it make how many employees I have?
-
What have my sales have to do with anything?
-
Why does the insurance company care how much I sub out?
-
How can an insurance company tell me what I can or cannot build?

Smaller construction companies
are usually based on payroll. Why, do you ask? The more payroll you have the
more work you do, the more you do, the more you pay because the more work you do
the larger the risk of you having a claim.
Payroll is a
very important factor in rating.
When a program is based on payroll, be very careful what you say. In contractors
insurance, payroll means field payroll. Do not give the payroll for any office
employees, including, receptionist, clerical or estimators. To make this simple,
office employee payroll is NOT included in contractor’s general liability
insurance.
Also!! State your payroll WITHOUT THE OWNER.
Simply say my field payroll is $500,000 (for example) plus the owner.
Why? Well for sure the owner is the highest paid person in the company, and
insurance companies allow for this by making owner payroll a static number.
(It’s a static number, but each insurance company has its own static number, I
did not say this was going to make sense)
All companies are different, they rate the field payroll and ADD $25,000 (for
example) for owner payroll, some add $15,000 for the owner, I have seen $10,000,
$33,600 (don’t ask where that came from, I don’t know) There is no standard in
the industry.
So if you say my payroll is $600,000 (owner included) instead of $500,000 Plus
the owner, you will overpay for your insurance!
Reminder #1 – the payroll number is based on the next 12 months of payroll. If
you have a project that is going to last 18 months, you do not have to give the
payroll for the entire project, just the next 12 months!
Reminder #2 – If part of your work is under WRAP (OCIP), do not include that
portion of your payroll. In the scenario above, if $100,000 of payroll was going
to a WRAP (OCIP) project, you would have said my payroll is $400,000 Plus the
Owner.
Reminder #3 – Very Important, In California, when the auditor comes in, the only
thing that happen is the insurance company will ask for MORE money. If you
exceed your estimate, you will be billed for additional money!
If your estimate was LOW, you do not get money refunded!!!!!!
The situation is completely ONE WAY. Again I warn you. Be very careful what you
estimate.

Sales is sales, right? Well not
really, it hits your books when you
Invoice. If you invoice 60, 90, 120 days in advance, but the money does not come
in…. Then you have increased your sales by that amount! When the auditor comes
in, he is going to see the sales, including invoices that were NOT paid to you
during the policy period (12 months).
Remember–to make sure your books are correct for the auditor and if you do not
want to pay on sales during the policy period until you
COLLECT the money, be careful what and when you invoice.
Here is an example: Your insurance policy expires on 12-31-2004. You guessed
that your sales for 2004 were going to be $750,000. It’s November 2004 and you
are already at $750,000. You have change orders for an additional $50,000 and
you know you are NOT going to collect the money in 2004. If you invoice those
sales, you will go over the $750,000 and have to pay more when the auditor comes
in.

Very tricky subject. . .
The amount of sub costs
you tell the insurance company makes a HUGE difference in what plans you can
qualify for. Different companies have GUIDELINE limits. What does this mean? It
means with some companies 25%, 40% 50% 80% is their cut off point for sub costs.
Let me explain, you say you sub out 45% and that eliminates you from the company
that has a 40% cut off point. That company you just (unknowingly) eliminated
yourself from may have had the best rate, sometimes 25-40% less!
I am not telling you to lie, I am telling you to NOT guess off the top of your
head. (Remember what I told you? Be prepared) Study your financial statements,
and make sure what you say is correct. Guessing can cost you thousands of
dollars.
Clients tell me, how do I know what my sub costs are going to be a year in
advance? I agree, there is no way to tell, unless you have booked the entire
years worth of work in advance and you have already figured out what you can do
yourself and what needs to sub out (or you have visited a physic). So if you
don’t know, give it your best guess, if you have no idea… guess low. It really
does not matter if you guess low; you will have to pay the correct price anyway
on the audit.

Some companies
(very few) base general liability on how
many employees you have. Full time and part time. This may seem like a silly way
to rate an insurance policy, but some company’s think this is the best way to
go. It does not hurt to go this way, if it is to your benefit. There are some
good prices using this method. It is not always available, but I do know of 2
companies writing business in Ca. who use this method.

Think of this as Minimum PER line item. . .
This is an older way of rating,
and it is not usually to your advantage. (I know of one large carrier in
California who still rates this way.) Here is an example:
Your company performs the following three trades:
|
Carpentry Class |
$50 per $1,000 |
Your payroll is $100,000 |
= |
$5,000 |
|
Electrical Class |
$30 per $1,000 |
Your payroll is $100,000 |
= |
$3,000 |
|
Drywall Class |
$25 per $1,000 |
Your payroll is $100,000 |
= |
$2,500 |
|
Grand Total |
$10,000 |
Here is the problem. Your total
payroll (estimate) is $300,000 and you paid $10,500 for your policy, but let’s
say at the end of the policy period you did not have $100,000 in carpentry you
had say $50,000 in carpentry and your drywall was $150,000 stead of $100,000.
It would seem you are even, your estimated payroll was $300,000 but not exactly
broken down the way you estimated.
When the auditor comes in he will charge you $5,000 MINIMUM for Carpentry (even
though you only did ½ of what you estimated, but he will hit you with $2,500
additional for the overage on the drywall.
Making it a grand total of $13,000 even though your total payroll was a perfect
guess.
This is a bad game to play, because there is no way you are going to KNOW your
exact payroll broken down by class A YEAR in advance! (Unless you only go to the
best of physics)
Stay away from this type of rating.

Most insurance
companies have different rates for
different parts of California. If your business is in Los Angeles, San
Francisco, Orange County, you are going to pay a higher rate than if you were in
Lake Tahoe, Fresno, or the central valley.
Zone rating is very typical. Some companies do not have zone rating; their
motto is California is California. . .
Of course if you live in Los Angeles this is very unfair, and if you live in
Lake Tahoe, this is great.
Not much you can do about this unless you want to move to a lower rated zone.

This is an
interesting subject, a subject you need to
understand.
Minimum Premium (MP) is exactly what it says; all policies have a MP, what does
that mean to you? It really affects you in two different ways.
A Company states their policy has a MP of $5,000. That means it will not sell a
policy to anyone for less that $5,000. It also means if you buy the policy and
decide to cancel the next day. You Still owe them the $5,000!
Here
is an example:
We are going to
say that this policy is based on Sales! So you tell the company that your
sales are $100,000. (Your best estimate)
So the policy is written with $100,000 in sales for $5000. If you do
$200,000 in sales you will owe another $5000 at audit time.
If you do only $75,000 in sales it does not matter, you will not be getting
any money back, Remember… MP
But, there is a better way to buy this policy!
You should have asked what is the MP? When you were told the MP is $5,000,
your next question should be how much sales would equal the $5000 MP?
The answer might surprise you. It could be that the company would give
you $200,000 in sales for the $5000 MP.
Yes I know your best estimate on sales was $100,000, but why not get as much
Sales as you can get. Since you already are going to pay $5000, get as much
sales for your money as you can!
As you can see from the example above, if the company gave you $200,000 in
sales for $5000 instead of paying $5000 plus the $5000 audit, you could have
had the policy for $5000! Saving you $5000.
You may be asking
yourself, why didn’t the broker tell the client about this. There are a couple
of reasons why. First, the agent or broker didn’t know. That s right he didn’t
know. Contractors insurance is a specialty type of insurance, if your broker is
not a full time construction broker he may not know all the rules of the game.
2. He is lazy, and does not want to go thru the extra step of finding out from
the company, how much sales you could get for the $5,000 MP

Insurance companies treat A/I’s differently,
some companies offer NO A/I’s, some charge PER A/I and some offer a Blanket or a
limited Blanket.
Buying from a company that does not offer A/I’s, can be a problem, mainly
because it can limit you to the jobs you can bid on. If you must have an A/I and
the company does not offer them you will have to pass up on the job, or cancel
the policy and buy one that does offer A/I’s. (See cancellations)
If the company charges per A/I, you need to know what the cost is up front. This
way if you need to provide an A/I you can build it into your bid.
If you know you are going to need a lot of A/I’s, ask if the company will offer
a Blanket. A blanket is insurance talk for unlimited A/I’s in a policy period.
The company will charge for a blanket, but the price is usually less than buying
them one at a time, most of the time, a lot less.
With some companies they will give you a discount on A/I’s if you buy them up
front, but limited, for instance, 10 A/I’s for an additional $300.
On smaller policies, you cannot negotiate the cost of A/I’s, on larger policies,
you can negotiate, make a counter offer on A/I’s, sometimes it works, you have
nothing to lose.

Usually, when you purchase A/I’s
the primary endorsement and waiver of subrogation is “included” in the A/I
price, BUT sometimes it is separate. So do not assume, ASK! You do not want to
be surprised! And don’t forget, you want to make sure you know the cost (Up
Front) so you can include it in your bids.

Be
very specific when explaining
what you do. Keep in mind that even the most experienced broker needs to know
what it is you do. It is very important that your policy has you classified
correctly.
If you say you are carpenter, but you really are a roofer, It will not do you
any good to lie, why? Because many policies have an exclusion if you do not do
what you say you do. So do not get caught.

This is a very touchy subject.
Most
insurance companies do an inspection AFTER the sale. Why? Well there are many
reasons:
-
They want to see
if the information the broker sent them is correct.
-
They want to see
if you were lying.
-
They want to
make sure they are insuring what they think they are insuring.
-
They want to see
if you are working on projects they do not want to insure.
-
They want to
make sure your payroll and sales and sub numbers were correct.
They are doing a
check to see
if everyone in the process told the truth.
If the inspection
comes in different than the paperwork sent in by the broker, you will be
cancelled. . .
What to avoid in an inspection. .
.
-
Do not guess! If you are asked your
payroll and sales or sub costs and you do not have your paperwork in front
of you, just say I don’t have my paperwork in front of me. Call me back
tomorrow and I will have the answers for you.
Inspectors don’t like that answer and they want to get the inspection over
with quickly so they will ask you to just guess. Don’t do it. If your memory
is not good, and your numbers are way off, you will re-rated upward or
cancelled.
-
Avoid bragging. Contractors say the
damnest things, they say things like, I can build anything, Condo’s no
problem, tract homes, sure I can do that, Roofing no problem. And on and on.
Well if the policy you just bought excludes condos, tract homes and roofing,
you will be cancelled.
Note:
Keep in mind, inspections are usually done over the phone by people who
could not tell you the difference between a hammer and a screwdriver!
Inspectors are not
paid well, they have to do about a million inspections to make any money, and
want to get the process done with as quickly as possible. They are asking you
questions by looking at your application and they know what you wrote down!
If you get a call on
your cell phone on the jobsite and you are asked these questions, you are at a
huge disadvantage! So make a phone appointment to talk to them when you have
your paperwork in front of you.

If
you decide to cancel a
insurance policy mid term, there are some things to consider:
-
First off,
remember Minimum Premium, if you cancel a policy that has an annual minimum
premium, you will still have to pay whatever the minimum is.
-
If your policy
has a 25% minimum premium, That means after 3 months you can cancel, but you
will be subject to a “short rate”, in English, a short rate from an
insurance company means you can cancel but will be penalized about 10% for
canceling early.
Important
Note: In California, if you policy is financed, you can cancel by NOT
PAYING YOUR NEXT INSTALLMENT. If you cancel that way, the insurance company
cannot penalize you the 10%!
If you cancel by
sending the insurance a letter and asking them to cancel your account, you WILL
be charged the 10%. Remember “Rules of the Game”!

Do
you have a website? If you
do, be very careful what is displayed on your site.
Insurance companies search for sites. The go on the net and look to see if you
have a site and they will look to see if you are doing things that are excluded
in their policy.
If you said you are a remodeler and your website shows a worker on a roof, they
will cancel your policy.
If you said I only do custom homes, but they see a picture of a sky scraper on
your site, you will be cancelled. Just make sure your
site reflects pictures of the type of work you do.
I understand contractors buy “stock” websites. But be very careful about the
pictures on your site. Don’t say we are a $10,000,000 company to make your
company look bigger than it is, if you do, insurance companies will match what
you say to what you said in your application.

Sometimes we shoot ourselves in the foot.
Detailed record keeping is critical when it comes to construction insurance.
How we
classify our people can make a difference of thousands of dollars in 2 ways.
-
We do not give
the correct numbers to get a quote.
-
We give the
auditor bad numbers and we get an increase in cost.
If your policy is
sold to you on spilt classes, for example, your company does carpentry and
drywall, your insurance company will sometimes give you separate rates for each
class. If you do not keep your payroll separate for these two classes, the
auditor will throw all the payroll into carpentry, the higher class, and you pay
more for your insurance than you should.
Virtually all payroll is done by computer, and there is no reason you cannot
keep detailed records of your payroll.
Paying subs out of your payroll account will also distort your numbers and again
you pay the price. Posting invoices ahead of time (as discussed above) can
also change your sales number in favor of the insurance company.
I was not going to talk about workers comp in this report, but If you ordered a
waiver of subrogation, your payroll must be spilt by
JOB. Or you will over pay. Keeping detailed payroll, sub costs,
and sales is extra work, but well worth it.

If
you do not already know, The
Higher the deductible the lower the rate.
Very simple, but I still see people with $500 and $1,000 deductible policies.
Raise your deductible to $2,500, $5000 or $10,000 and see what the difference in
cost is. You may be surprised at the savings.
Note:
An exception to this is when you are building Tract Homes, Town Homes, and
Condos. You have to make sure your deductible is per occurrence, instead of
per claim.
If you build a 500
unit condo and your deductible is $10,000 per claim, you could be in a lot of
trouble. It is my experience that most contractors do not turn in small claims
anyway. So use your good judgment when determining what your deductible should
be.

Can you negotiate with an insurance company?
The answer is yes and no. . . Were
you expecting an easy answer?
If you are a small contractor, say policies under $25,000, the answer is usually
no. The reason is these types of policies fit a specific mold, and insurance
companies will not bend. As the price starts to go up, things change. . .
What
items are negotiable?
-
The price… Ask
for a lower rate.
-
Additional
Insured Endorsements – The quote you get from the company will not always
spell out how much the A/I’s cost, but the cost is in there. Ask them to
give you the A/I’s at no cost.
-
If they do give
a separate line item for A/I’s ask them to be removed.
-
Ask them to
lower the deductible at no additional cost.
-
If there is an
exclusion in the policy you do not like, ask them to remove it, at no
additional cost.
For larger contractors (usually $100,000 and up), ask for tiered rates.
An
example of tiered rates:
Your gross receipts
are $5,000,000 and the policy cost is $100,000. (A $20.00 rate)
You are pretty sure you will do the $5,000,000 but you have been biding on
larger jobs. If you are awarded those jobs, you sales can go up to $7,000,000.
Make a counter offer… Offer to pay a $20.00 rate for the first $5,000,000 in
sales, $18.00 rate from $5,000,000 to $6,000,000 and a $15.00 rate for
$6,000,000 and up.
When you make this type of counter offer, you must say, If my terms are met, I
will buy.
No maybes'. If they accept your offer you will take the policy. . .
If you make the offer in that way, you have an excellent chance that they will
accept.
Keep in mind, rates are not carved in stone.
If your account is a good account with low losses, you can make a counter
offer. They do not have to accept it, but what have you got to loose? Go for it!
The old story about always buy a car on the last day of the month, late at
night, when its raining does not apply to insurance companies, but believe me,
some companies are hungrier for business than others.
If you are looking for Construction Insurance Experts, CALL
US TODAY for a free, no-obligation quote: 877.587.4999
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