Contractors
Insurance (Theirs and Yours), Warranties and Guarantees
We focus on contractors below, but if you are looking to fully project manage or only engaging a few trades to undertake a simple internal refurbishment or remodelling, much of the below applies as well to the individual trades.
Insurance
In the midst of the excitement of developing renovation designs, lining up all the works and the like, it’s easy to forget about key practicalities. Insurance is one of them.
There are risks associated with building works. Lots of them.
Rough Day At The Site
The team arrives on site in the morning as usual, happy that they’re nearing the end of the job. Jimmy happens to head in first and everyone behind him hears his “Oh f***!!”. Part of the new rear extension roof has collapsed and taken a chunk of wall down with it, all falling into the relatively recently laid concrete screed sub-floor. One of the roof joists was hanging down and it managed to loosen various bricks in the party wall shared with the adjoining next door neighbour, also causing damage to their side of the wall.
The team spends the morning clearing up the mess and working out how to fix it all. As they’re standing there looking up, another part of the roof collapses and Jimmy gets hit in the face by some masonry. He heads off to A&E, blood pouring from his right cheek and slightly concussed. The rest of the team turn to finishing off parts of the general internal refurbishment because they need to get extra materials in to sort out the roof and wall fiasco.
Shortly following the afternoon tea break, some woman they don’t know appears in the house asking about what’s going on. It turns out that she’s just an inquisitive neighbour from down the street who’d passed by a few times before and, seeing through the open front door that works were underway, wanted to have a quick look at what was being done and chat with the contractors. She was hoping to do some of her own works and figured they might be able to do hers also. None of the bosses were there and the others aren’t sure what to do so they just appease her curiosity and let her look around and then give her a contact number for one of the bosses. On her way back down the hallway to the front door, she trips over a drill laying on the floor, falls and breaks her arm. The labourer who left his drill lying there is extremely apologetic but she just curses at him calling him an idiot and storms out, slamming the front door.
At the end of the day, the team heads out, glad that nothing else went wrong.
Later that evening, they’re all chilling at home oblivious to the fact that a couple of opportunistic burglars had also spotted that the works were going on at the house. They were back under cover of darkness and hopped over a fence round the back, delighted to discover that part of the roof and wall were down and the area had been left open.
The next morning, the team, minus Jimmy, were back as usual. John was first in this time but the start to the day was reminiscent of the rough day the day before. “Oh f***!!”
You need to do some digging into what insurance your potential contractor has and consider what insurance you may need for your renovation project.
Their Insurance
Key Insurance
There are various types of insurance general contractors might get. Three of them are of the greatest interest to you as a potential client.
Ancillary Insurance
The following are also ones to look out for but usually less critical than the above three.
You Need To Check Their Insurance
As part of your vetting process, you need to ask the contractor what insurance they have and you need to verify that they have it. The same should apply to any bona fide sub-contractor they plan to use (i.e. plumber, electrician, roofer, etc), who should have their own insurance.
What’ll often happen is that a potential client either won’t ask at all or will ask if the contractor has insurance and the contractor will just say yes. That’s not enough. You need to dig deeper like a ravenous dog who knows there’s a bone buried somewhere in the back garden. Don’t stop until that garden is ruined and you have a bone in your mouth. Proceeding with construction works without being certain that the proper insurance is in place and providing adequate cover is like trying to get to Thailand by sea on a small dolphin shaped inflatable. You might make it and the end destination will mostly be glorious but there are tremendous risks, not least that you could come across a randy real dolphin that develops a thing for your inflatable and you drown while they get it on.
Admin like this often isn’t necessarily a residential contractor’s strongest suit or maybe they’ve outsourced it or delegated it and the person handling it hasn’t done what they should’ve done.
We’ve seen instances where:
These are just the benign “oops” scenarios. You also might encounter contractors who don’t have insurance for one reason or another and know it.
If the right insurance isn’t in place or doesn’t provide adequate cover, it can be extremely problematic for you. At the end of the day, the contractor is probably operating through a limited liability company. Although a catastrophe of whatever sort would also hurt them, they’re not particularly exposed personally and you realistically have limited recourse against the company which could just declare bankruptcy and wind-up its operations rather than pay out a lot of money to you. In other words, the chances are that you could easily be left to shoulder very significant costs and hassles to rectify things.
We’ve also come across instances where renovating property owners end up exposed to huge costs to have significant construction works fixed, including a collapsed roof and a collapsed drain under a permanent kitchen floor, and they couldn’t rely on contractor’s insurance for one reason or another.
You might think that your own home and contents insurance might cover these eventualities but you’d be in for a surprise. Not the good kind like winning first in the local drawing competition you figured you’d enter because you had spare time on your hands but the bad kind like getting slapped by a drunken reprobate who accidentally dropped his kebab but mistakenly thought it was you who knocked it out of his hand.
Your home and contents policy almost certainly requires that you notify your insurer in the event that you have building works done to your property (aside from simple day to day maintenance type work). The reason is that the insurer then suspends your policy or part of its coverage while works are carried out. For example, they’ll want to know things like if the works you’re having done are going to involve any part of the roof being removed, if the whole back of the house is going to be opened up aside from some thin wooden hoarding to keep out people and the elements or, if you’re leaving builders in charge of your house for three months while you go to Spain. You’ll quickly find that coverage for things like fire, floods and theft or unintentional damage to your property vanish before you get to say “hola”.
This is one of those things that can’t be overstated — it’s extremely important that you find out and can verify what insurance they have and what it does and does not cover.
You should at least get the one-pager ‘confirmation of insurance’ type document from your potential contractor but really you want to see and review their actual policy schedule and any related policy wording or terms document.
Look out for:
Your Insurance
General Home And Contents Insurance
As noted above, your home and contents (aka building and contents) policy almost certainly requires that you notify your insurer in the event that you have works done to your property.
If it is suspended or if the insurer carves-out swathes of your coverage, be sure to immediately inform them when the works are done so that they can reinstate full coverage for you.
Renovation Works Insurance
The reality is that, even if a contractor has insurance, there will be potential gaps in their coverage, and/or the coverage of bona fide sub-contractors. There could also easily be some issue with it that could result in a claim not being paid out or not being paid out in full.
For example, it’s common for contract works insurance to exclude things like damage to the existing building (i.e. if you’re having an extension done, all the rest of your property is not covered), works being done above or below certain specified height or depth limitations and application of heat (e.g. using a blowtorch or grinder — and there’s a good chance some of the works will indeed involve application of heat). You also wouldn’t be covered if a big dispute emerges and one of the builders takes out their frustration in your property, wrecking the work done and battering various parts of the rest of your property with a hammer they found lying around.
It’s therefore well worth considering whether or not to take out your own renovation works insurance, which is available from many insurance brokers these days.
What is covered by renovation insurance can vary from insurer to insurer. Some things that can be covered though and that you should look out for are:
Watch out for some brokers offering renovation insurance that only covers a few not so relevant things or that are already covered either by the contractor’s insurance or by whatever is still in force under your home and contents insurance. They exist, and you’d be wasting your money going for one of those policies.
Ultimately, whether or not to get any renovation insurance and the extent of coverage will come down to yet another cost versus benefit decision.
For example, if your project only involves construction work valued at, say, £30,000, the contractor you’re using is a big one and verifiably has its own insurance, and obtaining renovation insurance is going to cost a lot of money, then maybe you decide it’s not worth it. The bigger the contractor, the more likely they’ll have cash flow and resources to cover bigger costs like £15,000 worth of construction having to be redone. If they have adequate insurance, the more likely that most issues that can arise will be covered.
If the work being done is costing a lot more though, there are potentially any significant gaps in the contractor’s insurance or their coverage level is potentially not high enough, and the renovation insurance you can take out doesn’t blow the budget, then probably you should go for the belts and braces approach of also getting your own renovation insurance.
Honestly, this isn’t something we’d have considered initially, but knowing what we know now, we’d almost certainly pay to plug the gaps, whether real and actual or only potential.
Storage Insurance
If you’re storing any personal property away from your home, you’ll need insurance covering your property that’s in the storage facility.
It’s usually best not to buy this from the storage facility but instead have a look online elsewhere for much cheaper options. You can often get storage insurance at the same time as any required renovation works insurance and it might prove cheaper getting both together than obtaining them separately.
Warranties and Guarantees
We focus on contractors below, but if you are looking to fully project manage, much of the below applies as well to the individual trades.
In addition to insurance considerations, you’ll want to consider warranties and guarantees. Those cover you for after the works have been done.
A warranty is a contractual assurance or promise. A guarantee is technically, under English law, the guarantee of a third party to cover money owed by or to assume the performance of something or other by a principal person. Often though, in common parlance, a warranty is called a guarantee, such as a contractor “guaranteeing” their own work used for a period of time.
Anyway, what’s most relevant is that your contractor can provide a warranty against defects in the workmanship and materials that went into the build (and design, if you use a design and build company) for a period of time. If something goes wrong within that period of time, they would be contractually obligated to sort it out.
Contractors normally assume responsibility for defects for 2 years (ensure that is in writing somewhere — whether in a written contract, in their final binding quote or at least by email).
The relevant residential/small works JCT if used and signed, stipulates that the contractor would be responsible for up to 6 years for problems that are their fault.
For more significant works like an extension or loft conversion, that still leaves gaps.
Contractors may also assume responsibility for structural defects (only structural) for a further period of time, often a further 8 years (with the general/all defects 2 years, totalling 10).
A full 10 year warranty is generally found more in the world of new builds but you can find examples in the residential renovations world.
The longer any warranty/guarantee period on offer from a contractor, the better. You should also, however, ask if they are insurance-backed and, if so, obtain and review those insurance documents.
Without that insurance being properly in place, while arguably having the warranty is better than not, there is little to stop a contractor from winding up a limited company that finds itself on the hook for a large outlay due to a warranty claim. In that circumstance, without it being insurance-backed, you’ll likely be left totally exposed like giving a nude beach a go on your holiday only to come out of the sea to find that some opportunistic thief operating in the area has stolen all your clothes. Best not to leave yourself exposed if you can avoid it.