Publications – Construction Industry Update

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Q2 2017 10 Actions NOT to Take When Facing a Claim  How you handle the inevitable claims that will occur will significantly impact your company’s operating results. See what not to do.
Q1 2017 -2 Workers’ Compensation Class Code 5606 Contractors/Executive Supervisors Classification Code 5606 pertains to executive level supervisors for construction companies.
Q1 2017 2017 Construction Legislative Developments: California  California will see over 1,000 legislative bills enacted that were signed into law.
Q4 2016 Surety Outlook 2017: Staying the Course  The U.S. surety industry will continue to realize growth in overall premiums, and likely experience a modest increase in loss activity in 2017.
Q3 2016 Hold Harmless and Indemnity Provisions…What Did I Agree To Do? This article answers the question, “If we sign this, are we insured?”
Q2 2016 Professional Liability Insurance – What are a Developer’s Options? When it comes to developing real property, proper insurance is critical. There are four basic options an owner may consider and some of these can be used in conjunction with another.
Q1 2016 Building Your Best Team: Recommended Hiring Practices for the Construction Industry – How much thought does your company put into its hiring practices? If your answer is “not much,” then  your company could be at risk.
Q4 2015 Surety Outlook 2016: Doing More with Less! The surety outlook for 2016 will remain positive but will be significantly challenged by factors that influence the construction and commercial business markets.
Q3 2015 Owner’s Professional Protective Indemnity Insurance In this issue, find out about the benefits of OPPI.
Q2 2015 OSHA is Turning Up the Heat: Will Your Heat Illness Prevention Program Be Cool and Compliant? Read this issue to find out the specifics of what’s changed for 2015.
Q1 2015 OCIPs: Project-Specific Liability for Condos Owner-Controlled Insurance Programs or “wrap-ups” as they are commonly known, are project-specific insurance policies designed to cover the job site risks and completed operations exposures of the owner and contractors on a construction project.
Q4 2014 Surety Outlook 2015: It’s Still About Cash Flow  The surety industry reports fewer claims than expected in the last few years and remains optimistically braced for profitable results again in 2015.
Q3 2014 Workers’ Compensation: What Can You Expect in 2015? Workers’ compensation can be the most expensive line of insurance purchased by a contractor. Read how you can manage those costs.
Q2 2014 I’ve Been Sued! Now What?For most contractors of any size, litigation is an unfortunate fact of life. Dealing with our litigation system can be frustrating, expensive, time-consuming and emotionally draining.
Q1 2014 Class Code 5606…The Most Unique Code in the Book! Are You Taking Advantage of It? Learn about this unique and preferred classification for construction companies operating in California.
Q4 2013 Safety Programs and OSHA Compliance – Many employers try to reduce accidents and related workers’ compensation expenses by introducing safety programs which include a variety of incentives. The problem is, some of those programs and incentives can get you in trouble with OSHA.
Q3 2013 The REAL Cost of a Workers’ Compensation Claim – Workers’ Compensation insurance pays for occupational injury and illness – that’s why you buy the insurance. What many people, however, fail to grasp is that there are significant indirect costs not covered by insurance.
Q2 2013 The Right Way to Write Builders Risk Insurance – General liability and workers compensation are necessary and critical elements of insuring a construction project, but the keystone is builders risk covrage.
Q1 2013 Additional Insured Endorsements and Indemnification Requirements: A new Additional Insured Endorsement you should be aware of – There are two ways for an Upstream Party to obtain coverage under a Downstream Party’s General Liability program. The Downstream Party can be required to indemnify the Upstream Party or add them as an Additional Insured to their General Liability program. Almost always, the Downstream Party is required to do both.
Q4 2012 The Added Liabilities Associated with Building “Green”Contractors should carefully consider their exposure to liabilities when contractually agreeing to meet green outcomes; using innovative, but yet relatively new or untested products; and/or even utilizing existing materials in unproven ways that require green results.
Q3 2012 Senate Bill 474 – A Change in Indemnity Laws Pertaining to Private Commercial Construction Projects…A Boon for Subcontractors?Recent legislation (SB 474) was enacted which will significantly change the indemnification agreements that are allowable on private commercial construction projects. Read our third quarter Construction Industry Update Newsletter to learn about some of the key points and requirements of the new bill.
Q2 2012 New California Laws Significantly Change Construction Payment Forms & Requirements as of July 1st Recent California legislation revamps and renumbers statutes relating to preliminary notices, payment releases, mechanics liens, payment bond claims, and prompt payment and retention requirements. Read our second quarter Construction Industry Update Newsletter to learn about some of the key points and requirements of the new laws.

  • Live Well, Work Well
  • Community Bulletin Board
Q1 2012  Design Build: Risk Management and Insurance ConsiderationsThe Design Build Project Delivery System, which dates back to at least the master builders of ancient Greece, continues to gain in popularity. The major appeal of design build is that it provides the project owner with a single point of contact for both design and construction.

  • Live Well, Work Well
  • Community Bulletin Board
Q4 2011 BIM Use Increases Professional Liability Exposures – Building Information Modeling, or BIM as it is commonly known, provides a digitized representation of the building process from the ground up. It is used by the design team and contractors before construction actually begins, typically on design-build projects. However, when designers and builders do not use BIM correctly, liability issues can crop up.

  • Collaborative Processes Increase PL Exposures
  • Live Well, Work Well
  • Community Bulletin Board
Q3 2011 Surety Outlook 2012: Where’s the Beef?Does the boom-to-bust of the construction market have you wondering “Where’s the Beef?” If so, you aren’t alone. Hunting down and executing profitable work in the next few years will be critical to the survival of most contractors. Our third quarter Construction Industry Update newsletter provides tips and information on how to survive, and possibly thrive, in the current economy.

  • 2011 Risk Management Seminar Series
  • Top 25 Sureties
  • Live Well, Work Well
  • Community Bulletin Board
Q2 2011 Understanding Your Experience Modification: What You Need to Know– The California experience modification has an effect on the availability and affordability of workers compensation insurance. It also has an impact on contractors’ ability to bid and obtain work; an issue of utmost importance in the current economic environment. In the last two years the Workers Compensation Insurance Rating Bureau has made several changes to the way the experience modification is calculated that are having a direct impact on every employer eligible for a rating.

  • 2011 Risk Management Seminar Series
  • Targeted Inspection and Contruction Fund
  • Live Well, Work Well
  • Community Bulletin Board
Q1 2011 Where There’s Construction, There’s Litigation – How to Survive the Battle– The 2011 1st Quarter issue of our Construction Insurance Update newsletter provides straightforward advice on properly documenting and insuring that you are prepared for the possibility of being sued.

  • 2011 Risk Management Seminar Series
  • Live Well, Work Well
  • Community Bulletin Board
Q4 2010 Surety Outlook for 2011– Look back in time to assess ongoing surety trends and apply them to the coming year.

  • Lead and Your Construction Business – Facts about the recent EPA Lead Renovation, Repair and Painting Rule effective 2010.
  • 2010-11 Risk Management Seminar Series – Upcoming seminars from December 2010 through March 2011.
  • Live Well, Work Well – Health topics courtesy of Cavignac & Associates Employee Benefits Department.
  • Community Bulletin Board
Q3 2010 Advancements in Contractors Professional and Pollution Liability Insurance: What You Need to Know– Growing demand for Contractors Professional and Pollution Liability insurance has resulted in enhanced coverage for these often overlooked and misunderstood policies.

  • Reminder! New Employee Notification Requirements for Federal Contractors – New Department of Labor regulations went into effect on June 21, 2010.
  • 2010 Risk Management Seminar Series
  • Live Well, Work Well – Travel and safety topics courtesy of our Employee Benefits Department.
  • Community Bulletin Board
Q2 2010 The Liability Implications of the Duty to DefendEven if your firm is not guilty of negligence, a Duty to Defend provision in your contact can make you responsible for providing a defense for a negligent indemnitee — a situation that may or may not be covered by your insurance program. 2010 Risk Management Seminar Series

  • BULLETIN! Clarification of Workers Compensation Dual Wage Classification Requirements – California law requires employers to maintain time cards or logs and start/stop times for each employee for each day.
  • Live Well, Work Well – Health and financial topics courtesy of our Employee Benefits Department.
  • Community Bulletin Board
Q1 2010 The Liability Implications of Sustainable Design– The Green Building Boom appears to be here to stay. Proactive risk management can help you identify and manage the many additional challenges involved in “green” construction.

  • No Accidents” Doesn’t Mean Safe Employees – Proactively investigating and analyzing near-miss accidents can improve your safety program and prevent catastrophic losses.
  • 2010 Risk Management Seminar Series
  • Live Well, Work Well – Health and retirement planning topics courtesy of our Employee Benefits Department.
  • Community Bulletin Board
Q4 2009 Contractual Risk Transfer

  • 2009 Risk Management Seminar Series
  • ALERT! Employers with 15 or More Employees
  • Live Well, Work Well – Health and retirement planning topics courtesy of our Employee Benefits Department.
  • Community Bulletin Board – News from the San Diego Humane Society and Senior Community Centers.
Q3 2009 Managing Risk in a Construction CompanyIn an industry with tight profit margins, effectively managing risk can mean the difference between making a profit or not – and in some cases the survival of the business.

  • 2009 Risk Management Seminar Series
  • Fire Prevention Plans – Don’t Get Burned – Due to the substantial risks and costs associated with workplace fires, OSHA requires you to have a fire prevention plan. Is yours in place?
  • Live Well, Work Well – Health and retirement planning topics courtesy of our Employee Benefits Department.
  • Community Bulletin Board
Sep 2008 Contractors Professional Liability: Insurance and Surety PerspectivesEven if you don’t do design-build projects, you may need professional liability protection!2008 FOCUS Seminars – Upcoming training seminars offered in our FOCUS Training series.Fleet Communications – Use GPS to Stay in Touch – Web-based GPS fleet tracking can improve efficiency, eliminate unnecessary mileage, and help in the quick recovery of stolen vehicles.Risk Control Corner: Risk Tip – Layer your equipment security techniques.

  • URGENT! Federal Acquisition Regulations (FAR) Summary – Federal rules now require contractors to adopt Codes of Conduct and implement ongoing Ethics Training.
  • Community Bulletin Board – News from the San Diego Humane Society and Senior Community Centers.
Jul 2008 Will You Be Ready If OSHA Comes Knocking?It’s important to know who and what to prepare for an OSHA inspection.

  • 2008 FOCUS Seminars – Current training seminars offered in our Downtown FOCUS Room.
  • Risk Control Corner: Hazards of Summer Heat – Heat illness prevention measures and tips to keep your employees safe and healthy.
Jul 2007 How to Prevent Injuries from Manual Materials HandlingReduce the number and severity of manual handling related injuries by using safe work practices.

  • Workers Compensation Experience Modification FAQs – Experience modification allows employers to control insurance costs through measurable loss control programs.
  • 2007 FOCUS Seminars – See a list of Training Seminars being offered in our Downtown FOCUS Room.
  • Risk Control Corner: Safety Attitude and Behavior – Attitude affects almost all a worker does and the way it’s done.
  • Surviving Summer Scorchers – Keep heat-related illnesses from turning a day at the beach into a trip to the emergency room.
Sep 2006 Surety Visits: Looking Beyond the Surface– Find out what surety underwriters are looking for when they visit your office or job sites.

  • Workers Compensation Threshold Wage for Contractors – All contractors who have split or bifurcated workers compensation classifications should be aware of the break-even wage – learn how to calculate it.
  • Risk Control Corner: “Making Do” – Or Tempting Fate? – “Making do” with unsafe substitutes can save workers a trip to the tool room – but too often result in a ride to the hospital.
  • 2006 FOCUS Seminars – See a list of Training Seminars being offered through the end of the year in our Downtown FOCUS Room.
May 2006 Collectively Bargained Workers Compensation – Lowering Your Cost of Risk– Find out how Collectively Bargained Workers Compensation (CBWC) programs can significantly reduce the total cost of risk for union employers.Risk Control Corner: 12 Step Program to Safety – 12 Keys to Creating a Safety Culture – Creating a culture of safety within your firm will save you money by lowering your workers compensation claims and costs.Generic Medications Keep You and Your Wallet Healthy – Cost-cutting tips from our Employee Benefits Department.2006 Training Seminars – A list of seminars being offered in our Downtown Training Room during June-July 2006.
Mar 2006 Equipment Theft– Equipment theft is on the rise! Read why – and how to protect your business.

  • Risk Control Corner: Construction Site Security Checklist – Is your job site protected from theft? Use this checklist to see how your security measures up.
  • Are You Using the Right Vertical Accounting Software? – Simplistic construction accounting software can cost you a bundle as you grow.
  • 2006 Training Seminars – See what seminars are being offered in our Downtown Training Room through July, 2006.
Nov 2005 The Surety Market: Outlook for 2006– Find out what you can expect from the surety bond market in 2006.

  • Risk Control Corner: So I Delay Reporting an Injury – What Can It Cost Me? – Delays in reporting injuries can cost you a lot more than you want to pay!
  • Additional Insured Status vs. Indemnification – Do You Need Both? – Find out how to protect your firm’s contractual interests.
  • Comparing MSAs, HSAs, HRAs and FSAs: Which Approach is Best? – Four plans can help soften the blow of continually rising healthcare costs.
  • Bonding Subcontractors – When in doubt, bond back!
  • Training Seminars – Cavignac Training Seminars for the first quarter of 2006.
Aug 2005 California Prevailing Wage Alert!– ALERT! Read how the California Department of Industrial Relation’s Prevailing Wage determinations affect every general contractor, subcontractor, owner-operator and material supplier that performs work on California Public Works projects.

  • Why Do Contractors Fail? – Every year thousands of contractors, whether in business for two years or 20, face bankrupcy and business failure. Read how surety bonds provide prevention and protection.
  • Risk Control Corner – Fleet Safety: Employer Pull Notice (EPN) Program – Read how the EPN Program can help you manage your Total Cost of Risk.
  • Factors Leading to Increased Healthcare Costs – Why are U.S. healthcare costs skyrocketing? Understanding why is the key to formulating alternatives and solutions to this challenge.
Mar 2005 Risk Control Guidelines – Contractor’s Series: Developing a Construction Contract– Your contract is as important to the success of any project as the estimate. View contract clauses that warrant special consideration.

  • Bid Protest Bond Program – Look out! Find out what the City of San Diego’s new “Bid Protest Bond” ordinance means to you!
  • Risk Control Corner: OSHA Issues Citations for Violations – The average individual violation with penalty adjustments was over $2,300. See the “Dirty Dozen” top Construction and General Liability industry violations.
Jan 2005 Condominium Conversions: What Do Underwriters Look for?  – A solid, documented set of risk management protocols should substantially reduce your exposure to loss and decrease your insurance costs.Contractor Owners: What Is Your Return on Your Investment? – Monitor your investments to made educated business decisions.Risk Control Corner – Reduce Your Work Comp Claims – Instituting a Successful Incentive Program (SSIP) can reduce claims and reward employees for good behavior.
Nov 2004 Surety Market Outlook for 2005– Will the surety market improve in 2005? See what the coming year has in store for the surety bond industry.

  • Year-End Planning vs. Year-End Reacting – Changing your year-end planning meeting’s date, focus and participants will build relationships that can greatly improve your bottom line.
  • Risk Control Corner – Looking for more competitive premiums? First reduce and manage your Total Cost of Risk (TCOR).
  • Need Employee Retirement or Medical Benefit Plans? – Cavignac & Associates is an authorized broker for AGC benefit plans!
Sep 2004 Contractors Professional Liability Insurance (CPL)Design-build contractors have a significant amount of professional liability exposure. Read why you may need CPL coverage.
Jul 2004 The Longshore and Harbor Workers Compensation Act (USL&H)– Contractors performing work on or “near” coastal waters need to understand how USL&H may affect their construction operations.

  • Safety Incentive Program – Positive reinforcement is the most successful method to motivate employees to work safely.
  • MyWave Client Center – A value-added service exclusively for clients of our Employee Benefits Department.
Mar 2004 Transferring Risk: Current Challenges – Every firm in every business engages in contractual risk transfer. Find out how to shift responsibility for risk to the party best able to control it.
Nov 2003 Construction Professionals – Do They Surround Your Company? Do You Maximize Those Relationships? – Reaching your business objectives and the ultimate success of your company depend on working with the right people.Update Your Business Plan AnnuallyMeasuring performance is critical to success. See our sample outline of information that surety and insurance companies expect to see in a typical business plan.
Sep 2003 Contractors Pollution Liability Insurance– Most contractors have a pollution liability exposure of some type. Find out how to evaluate not only your exposure to this risk, but how to evaluate a policy to cover it.

  • Common Environmental Exposures for General Business Contractors – This article provides an outline of typical environmental exposures common to the construction industry.
  • Contractors Pollution Liability – Case Studies – Case studies illustrate Pollution Liability claims not covered by a contractor’s General Liability policy.
May 2003 The Right Way to Write Builders Risk Insurance – Find out what you need to know to tailor builders risk coverage for your purposes.
Mar 2003 Properly Insuring Construction Projects – General Liability insurance is not enough to adequately cover a project’s exposures to loss. Find out why.Articles

 Articles

Oct 2002 Surety Bonding No Longer a Sure Thing for Contractors – A growing number of construction firms find it increasingly difficult to obtain surety credit. What’s going on?
May 2001 Does Cash Flow Management Affect Your Surety Credit? – You Bet It Does! Cash is the ulimate measure of your company’s value. All other items on your balance sheet are purely timing issues waiting to affect your cash balance. A proper cash management strategy can allow you to generate income from excess cash, or plan for times when outside funds may be necessary to cover temporary cash shortfalls.