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Friday, September 05, 2008
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General Liability premiums for residential home builders have been increasing each year.  Many insurance companies have determined that providing coverage for Residential Home Builders is too risky and have abandoned the market for this class of business, making it more difficult for contractors to find reasonably priced coverage. 

 Part of the reason, is that courts are ruling that faulty workmanship - i.e. construction defects - is covered by the builders general liability policy making the insurance policy technically a "Warranty Policy"! 

This leaves the builder liable for not only repairing the problem, but also the payment of related legal expenses.  And, if the insurance company pays for the loss that payment appears on the insured's CGL loss runs, almost guaranteeing higher renewal prices.

General Liability Policies being used as "Warranty Programs" was not within the scope nor the intent of the CGL policies. 

Like most forms of insurance, premiums for contractors general liability is based on historical risk for the business. Indemnity policys historically cover perils and pay upon an "occurance" or "accident", however in this case, the insurance company's have not had the opportunity to underwrite the exposure, and they have not collected premiums for this exposure, so financially, the only course of action left an insurance company is to "not offer"  coverage by abandoning the market.

The bottom line is construction defect litigation is on the rise, and tends to impact the entire "chain" of those contributing to any given home or building.

Contractors need Non-Owned & Hired auto liability to cover bodily injury and property damage caused by a vehicle you hire (including rented or borrowed vehicles) or caused by non-owned vehicles (vehicles owned by others, including vehicles owned by your employees).

It usually does not pay for physical damage to the vehicle itself; that's covered by the owner's insurance. Although this option is sometimes available.

Whether you realize it or not, as a business owner, you at least occasionally find yourself in situations where this coverage is needed. Errands and rental situations always come up.

Examples:

  • You send an employee to pick up lunch.
  • While on a business trip, you rent a car.
  • To impress a visiting client, you send a limo to have him picked up.
  • An employee runs to pick up office supplies.

Coverage kicks in if there is an auto accident and you are sued.

You don't have to own a business vehicle to have this coverage. In most situations, coverage can be added to your general liability policy.

A bonus: If you rent cars occasionally, having hired and non-owned auto liability insurance may save you money because you can avoid buying the liability coverage from the rental company. However, we always suggest you purchase collision damage waiver (CDW) protection from them.

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IRS Snags  

Here comes trouble: Avoid independent-contractor snags!!!

Don't get caught by the IRS for improperly classifying workers. The IRS scrutinizes this information, trying to find entrepreneurs who may misclassify workers as independent contractors instead of employees. "It's an important issue for the IRS because worker misclassification may give a competitive advantage to the business using independent contractors," says Don Segal, the acting employment tax policy program manager for the IRS.

It's easier for the IRS to collect taxes from business owners than from independent contractors. Employers must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment taxes on wages paid to employees.

Independent contractors generally have no withholding on their earnings and may not be able to pay their tax liability at the end of the year. "They end up as a collection problem [for the IRS]," says Segal.

Anyone who performs services for you where you control what will be done and how it will be done is considered an employee by the IRS. With an independent contractor, the business has the Tight to control or direct only the result of the work done by the contractor, not the means and methods of accomplishing the result.

The IRS reveiws business filings to determine if workers who were employees are converted to independent contractors in the same job category, says Segal. If they are, the employer has liability for both the employer and the employee portions of employment taxes. In addition, the employee must file a claim to get a portion of the self-employment tax refunded for past returns filed as an independent contractor.

If you use independent contractors, be sure to maintain completed W-9 forms, contractors' business licenses and certificates of insurance. You should have invoices, business cards, telephone listings and other documentation showing that the contractors operate businesses.

In addition, complete and file Form 1099-MISC, which is used to report payments made in the course of a trade or business to another person or business that is not an employee. Give the contractor a copy, and send one to the IRS if the contractor is paid $600 or move in the calendar year. There is a $50 perform penalty for failing to file the form.

Copyright 2007 by CCI Underwriters, Inc.
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