Blog / Firm News

Does your development need an OCIP?

When it comes to insurance needs and risk management for development projects, you want to make sure that you have all of your bases covered. Dangers and hazards are everywhere at construction sites, and it’s nearly impossible to ensure everyone’s safety 100 percent of the time.

Not only could the contractors and subcontractors working at the site suffer injuries, but someone not involved may also end up injured depending on the circumstances. In addition, the potential for inadvertent damage to your property or a neighboring property also exists. How are you going to cover everyone?

Enter the OCIP

Perhaps your development needs an OCIP, which stands for owner controlled insurance program. This general liability insurance exists to cover everyone involved in the project from you, as the property owner, down to the subcontractors. Even if someone else on the project causes damage or suffers an injury, it will eventually lead to you, so making sure that there is enough insurance to go around may prove useful.

Seasoned developers may be wondering why something that used to exist only for projects worth at least $50 million ends up on smaller projects. These days, it saves everyone time and money since only one policy exists instead of several — one policy for one project. The intent of an OCIP is to simplify the process.

Negotiating and paying for the OCIP

You and the general contractor work out the details of the policy, which the general contractor then purchases. The general contractor hires subcontractors at lower rates since they won’t need to carry their own liability insurance for the project.

The project manager is the point of contact for claims and is responsible for the payment of deductibles. Whether the subcontractor that caused the damaged in the claim pays any of the deductible is a point of negotiation when the subcontractor is hired and should be outlined in the resulting contract.

Coverage and the OCIP

At the very least, the OCIP contains workers’ compensation insurance and commercial general liability insurance, but it may also contain one or more of the following depending on the needs of the parties involved and the project itself:

  • Builders risk insurance
  • Umbrella insurance
  • Professional liability insurance
  • Pollution liability insurance

An OCIP may not contain the following types of insurance:

  • Commercial property insurance
  • Commercial vehicle liability insurance
  • Inland marine insurance

To learn more about the advantages and disadvantages of an OCIP, along with whether it makes the most sense for your project, you may want to sit down with an attorney with experience in risk management and insurance. It would also be beneficial to have an advocate on your side when it comes time to negotiate the terms of your project’s insurance policy or policies to make sure you receive the best possible terms.

Posted in:

Related Posts

3 factors to consider when choosing your next business partner

There are numerous potential advantages of owning your own business, one of which is having the ability to choose who you partner with. However, this is not always a straightforward process. At times, individuals may believe that going into business with someone they like personally could be the key to success. Nevertheless, a good personal relationship is not always an indication that a business partnership will work out. Outlined below are three important factors to consider when choosing your next business partner. Be open from the beginning All parties in a new business venture are typically eager to get off to a positive start. However, this can occasionally result in concerns or potential roadblocks being hidden rather than discussed. Issues that business partners don’t address initially, but instead later in the process, may ultimately be trickier to resolve. It is unlikely that a new business venture will afford smooth sailing at all times. Therefore, partners must be able to communicate effectively and tackle issues head-on cooperatively. Clearly define responsibilities While it may be all hands on deck at the beginning of a new business, it can be vital to establish roles once operations are up and running. Confusion and misunderstandings over specific responsibilities could be a source of conflict later on in the process. Additionally, it may assist customers if they clearly understand who they are to contact to meet their distinct consumer needs. Express terms in writing It may be beneficial to have obligations and business terms documented in writing. Having written instructions could assist in preventing disagreements and resolving issues before they become detrimental to the partnership. Choosing a business partner is a major decision that warrants careful consideration. In the unfortunate event that you feel your legal rights have been violated, there may be options open to you.

What is a spite fence and what should you do about one?

A lot of boundary disputes involve fences. For instance, you may believe that the new fence that the business owner who owns the property next to yours just put up is actually on the wrong lot. You think it’s a few yards onto your property, essentially allowing that person to “steal” the land. Now, this could be intentional or it could be an accident. You don’t know, but you still understand that the lot line needs to be respected and the fence needs to be moved. In some cases, though, you may have an issue with a fence that is on your neighbor’s property, but that still negatively impacts the value of your property. This is sometimes known as a spite fence, and it may be illegal. How it works A spite fence is one that is designed to be unsightly. It has no purpose and is not useful, but it has been built specifically to harm your property value. There is a level of malicious intent in this construction; i.e., it was built out of spite. For example, the neighboring business has a fence on your property. You ask them to move it. They’re angry, since this will be a very expensive process, but they can’t deny that you are correct. It is on your land. When they move it, they extend it upward. Instead of a five-foot fence marking the line, they erect a 20-foot fence. Clearly, the goal here is to box in your property, ruin your view, and hide your business from the street. They’re doing it to make your property less attractive and to cost you business. Even if the fence is technically on their land now, they’ve taken steps to ensure that it has a negative impact on your life and your company. What should you do? You can imagine how frustrating this would be on a daily basis and how much the value of your property would plunge if you were looking to sell. That causes real financial harm. You must be sure that you know what legal steps you can take to put a stop to it.

Questions to ask before signing a commercial lease

As a California business owner, signing a commercial lease is an important step that could be important for your business. This is a major legal and financial decision, and there are many things you may need to consider as you secure a storefront or operational space for your company. With the high cost of leasing space, you would be wise to seek guidance as you move forward with this crucial step. It is prudent to carefully review all lease documents in order to protect yourself from unexpected rules, restrictions and financial liability. Acting with prudence and caution before signing can help you avoid complications and unexpected costs in the future. Useful questions before you sign a commercial lease Before signing a commercial lease, there are various questions you can ask that will help you avoid issues in the future and ensure you understand the terms of your lease agreement. Some of these questions include: What will happen in the event of a worst case scenario? It can be helpful if your lease agreement includes flexible terms in case of an unexpected scenario, such as bankruptcy or a buyout. How long will you need the space? It is smart to think well into the future when negotiating the terms and length of your lease agreement. Do you have plans for expansion in the near future? Expanding your business could be great for your company, but it is important to consider how the leased space will work for you during periods of growth. What type of lease is best for your business? There are different types of commercial leases, and they could mean different things for your company. It is smart to know what you are signing. If you are able to negotiate the terms of your commercial lease, it would be smart to include terms that will allow for contingencies and setbacks. Owning a business is unpredictable, and it can be helpful to ensure that your lease includes flexible terms. What do you need to protect your company? Lease disputes can be both complex and costly for your company. Avoiding lease-related complications can be as simple as carefully reviewing the terms of your contract before you sign or negotiating beneficial and practical terms. If you are considering leasing space for your business, you may find it beneficial to seek a complete evaluation of your options in order to better understand how to shield your interests as you move forward with this process.