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Builders' Risk Insurance

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By: Michael Fusco

CEO & Principal of Fusco Orsini & Associates

(858) 384‑1506

Building or renovating property in California involves numerous risks, from natural disasters to theft or accidental damage. For contractors, developers, and property owners, protecting these investments is crucial. Builders' risk insurance is a specialized policy designed to cover buildings under construction or renovation, providing essential financial protection during the vulnerable construction phase.


This comprehensive guide will explore everything you need to know about California builders' risk insurance, including what it covers, why it’s important, how to get the right policy, and key considerations unique to California’s regulatory and environmental landscape.

What Is Builders' Risk Insurance?

Builders' risk insurance, also known as course of construction insurance, is a type of property insurance that covers buildings while they are being built, renovated, or repaired. Unlike standard property insurance, which protects completed structures, builders' risk insurance focuses on the construction period, which is often the riskiest phase for a building project. This specialized insurance is crucial because construction sites are vulnerable to various hazards, including theft, vandalism, and natural disasters, which can lead to significant financial losses if not properly insured.


This insurance typically covers physical loss or damage to the building itself, materials, supplies, and equipment on-site or in transit to the site. It can also include coverage for temporary structures like scaffolding or fencing. Additionally, some policies may offer protection against specific risks such as fire, wind, and hail, which can cause extensive damage to a project under construction. Builders' risk insurance can also provide coverage for soft costs, such as lost income due to project delays caused by covered losses, which can be a significant financial burden for developers.


Who Needs Builders' Risk Insurance?


Builders' risk insurance is essential for:


  • General contractors: Protects their work and materials from unexpected losses.
  • Subcontractors: Coverage can sometimes be extended to subcontractors’ equipment and work.
  • Property owners and developers: Ensures their investment is protected during construction.


In California, many lenders require builders' risk insurance as a condition for financing construction projects, making it a critical component of project planning. This requirement underscores the importance of having a solid insurance strategy in place before breaking ground. Furthermore, understanding the specific terms and conditions of a builders' risk policy is vital, as coverage can vary significantly between providers. For instance, some policies may include exclusions for certain types of damage or require specific safety measures to be in place, which can affect the overall risk assessment and premium costs. As such, engaging with an experienced insurance broker can help ensure that the coverage aligns with the unique needs of the construction project, providing peace of mind throughout the building process.

Why Builders' Risk Insurance Is Especially Important in California

California presents unique challenges for construction projects, making builders' risk insurance particularly vital.


Natural Disaster Exposure


California is known for its susceptibility to natural disasters such as earthquakes, wildfires, floods, and mudslides. According to the California Department of Insurance, wildfires alone caused over $20 billion in insured losses in 2020. While standard builders' risk policies typically exclude earthquake and flood damage, endorsements or separate policies can be purchased to cover these risks.


Wildfire risk is especially high in many parts of California, and construction sites with exposed wood framing or stored materials can be particularly vulnerable. Builders' risk insurance helps mitigate these risks by covering fire-related damages and losses. Moreover, the increasing frequency and intensity of wildfires due to climate change have made it imperative for builders to consider comprehensive coverage options. In areas designated as high fire hazard zones, additional precautions and insurance measures are often necessary to protect both the construction site and the surrounding community.


Strict Building Codes and Regulations


California enforces some of the most stringent building codes in the country, including seismic safety standards and energy efficiency requirements. These regulations can increase construction costs and complexity, making it even more important to protect against unexpected losses that could delay or halt a project. Compliance with these codes often requires specialized materials and skilled labor, which can further escalate expenses. Builders' risk insurance not only covers physical damages but can also provide financial protection against delays caused by compliance issues or the need for rework, ensuring that projects stay on track despite the challenges.


High Construction Costs


Construction costs in California are among the highest in the U.S., driven by labor costs, materials, and regulatory compliance. According to the National Association of Home Builders, the average cost per square foot for new residential construction in California exceeds $200, significantly higher than the national average. Builders' risk insurance helps safeguard this substantial investment. Additionally, the competitive nature of the California construction market means that delays can result in significant financial losses, not just from the cost of repairs but also from potential penalties and lost opportunities. By securing builders' risk insurance, developers can ensure that they are financially protected against a range of unforeseen circumstances that could impact their bottom line.

What Does Builders' Risk Insurance Cover in California?

Understanding what is covered—and what is not—is essential when purchasing builders' risk insurance.


Typical Coverage Inclusions


Builders' risk insurance generally covers:


  • Damage to the structure under construction: This includes the building itself and any permanent fixtures.
  • Materials and supplies: Coverage extends to materials on-site, in transit, or stored off-site intended for the project.
  • Equipment and tools: Some policies cover construction equipment and tools, though this may require additional endorsements.
  • Theft and vandalism: Protection against stolen materials or vandalism damage.
  • Weather-related damage: Coverage for wind, hail, lightning, and other weather events.


Common Exclusions


It is important to note that builders' risk insurance typically excludes:


  • Earthquake and flood damage: These require separate policies or endorsements.
  • Faulty workmanship or design defects: Coverage does not extend to losses caused by construction errors.
  • Wear and tear or gradual deterioration: Normal aging or maintenance issues are not covered.
  • Employee theft: Theft committed by employees is usually excluded.


Optional Coverages and Endorsements


Given California’s unique risks, builders often add endorsements such as:


  • Earthquake coverage: Essential in seismic zones, this can be added to protect against earthquake damage.
  • Flood insurance: For projects in flood-prone areas, this coverage is critical.
  • Soft costs coverage: Covers indirect expenses like architectural fees, legal fees, and loan interest if a loss delays the project.
  • Delay in completion coverage: Provides compensation if a covered loss causes project delays.


In addition to these standard and optional coverages, builders' risk insurance can also be tailored to meet the specific needs of a project. For instance, some policies may offer coverage for temporary structures such as scaffolding or construction trailers, which are often essential for the smooth operation of a building site. Furthermore, depending on the insurer, there may be options to include coverage for additional costs incurred due to regulatory changes or increased labor costs that can arise during the construction process. This flexibility allows builders to create a comprehensive insurance plan that aligns with their project’s unique challenges and risks.


Moreover, it is crucial for builders and contractors to maintain open communication with their insurance providers throughout the construction process. Regular updates about project progress, changes in scope, or any incidents that occur on-site can help ensure that coverage remains adequate and effective. This proactive approach not only aids in managing risk but also fosters a better working relationship with the insurer, which can be invaluable in times of need. Understanding the nuances of builders' risk insurance can ultimately lead to more secure and successful construction projects, providing peace of mind to all parties involved.

How to Obtain Builders' Risk Insurance in California

Securing the right builders' risk insurance policy involves several important steps.


Assess Your Project’s Needs


Start by evaluating the scope, value, and location of your project. Consider factors such as:


  • Project size and duration
  • Type of construction (residential, commercial, industrial)
  • Materials and equipment involved
  • Environmental risks specific to the site


This assessment helps determine the coverage limits and endorsements needed. For instance, a high-rise commercial building in an earthquake-prone area may require additional coverage for seismic events, while a residential project in a flood zone might need flood insurance as an endorsement. Understanding these nuances can significantly impact both the cost and comprehensiveness of your policy.


Work with Experienced Insurance Providers


Choose insurers familiar with California’s construction market and regulatory environment. Many national and regional insurers offer builders' risk policies tailored to California’s unique risks. Working with a knowledgeable insurance broker can also help navigate complex policy options and ensure adequate coverage. Additionally, consider seeking recommendations from industry peers or professional associations, as they can provide insights into which insurers have a proven track record of reliability and customer service in the construction sector.


Provide Detailed Project Information


Insurers will require detailed information about the project, including:


  • Project location and timeline
  • Construction type and materials
  • Contractor and subcontractor details
  • Estimated project value


Accurate information helps avoid coverage gaps or claim disputes later. Be prepared to share not just the basic details but also any relevant historical data, such as previous claims made on similar projects or any safety measures implemented to mitigate risks. This level of transparency can enhance your credibility with the insurer and may even lead to more favorable premium rates.


Understand Policy Terms and Conditions


Review the policy carefully, paying attention to:


  • Coverage limits and deductibles
  • Exclusions and endorsements
  • Claims procedures
  • Cancellation and renewal terms


Clarify any uncertainties with your insurer or broker before finalizing the policy. It's also wise to consider how your policy interacts with other insurance you may have, such as general liability or workers' compensation. Understanding the interplay between these policies can help create a more robust safety net for your project, ensuring that you are not left vulnerable in the event of an unforeseen incident.

Key Considerations for California Builders' Risk Insurance

Several factors deserve special attention when purchasing builders' risk insurance in California.


Duration of Coverage


Builders' risk policies typically cover the project from the start of construction until completion or occupancy. However, construction delays can extend the timeline, so it’s important to ensure the policy duration matches the actual project schedule. Extensions may be necessary if delays occur. It is also wise to account for unforeseen circumstances such as inclement weather, labor strikes, or supply chain disruptions, which can all contribute to project delays. By planning for these possibilities, builders can avoid gaps in coverage that could leave them vulnerable to financial losses.


Valuation Methods


Policies may use different methods to determine the value of the insured property, such as replacement cost or actual cash value. Replacement cost coverage reimburses the full cost to rebuild or repair without deduction for depreciation, which is generally preferable for construction projects. Understanding the nuances of each valuation method is crucial; for instance, while actual cash value might seem appealing due to lower premiums, it could lead to significant out-of-pocket expenses in the event of a loss, especially in a rapidly appreciating real estate market like California's.


Multiple Parties and Interests


Construction projects often involve multiple stakeholders, including owners, general contractors, and subcontractors. Policies can be structured to name multiple insured parties or include additional insured endorsements to protect all involved. This collaborative approach not only ensures that everyone has the necessary coverage but also fosters a sense of shared responsibility among parties. Clear communication about insurance needs and expectations can mitigate disputes and enhance project efficiency, ultimately leading to a smoother construction process.


Compliance with Lender Requirements


Many lenders require builders' risk insurance as part of financing agreements. Ensure your policy meets lender specifications regarding coverage limits, endorsements, and proof of insurance. Additionally, it’s essential to maintain open lines of communication with your lender throughout the project. Regular updates on construction progress and any changes in scope can help ensure that your insurance remains compliant with lender requirements and that you avoid any potential funding issues that could arise from lapses in coverage.


Risk Mitigation Practices


Insurers may offer better rates or coverage terms if the construction site employs robust risk management practices, such as:


  • Fire prevention measures
  • Security systems and fencing
  • Proper storage of materials
  • Regular site inspections


Implementing these can reduce the likelihood of claims and improve overall project safety. Furthermore, training workers on safety protocols and emergency procedures can significantly enhance site safety. Investing in safety training not only protects the workforce but also demonstrates to insurers that you are committed to minimizing risks, which can lead to more favorable insurance terms and potentially lower premiums.

Common Challenges and How to Overcome Them

Despite its importance, builders' risk insurance can present challenges for California contractors and developers.


High Premium Costs


Due to California’s high-risk environment, premiums can be expensive, especially when earthquake or wildfire endorsements are added. To manage costs:


  • Shop around and compare quotes from multiple insurers.
  • Increase deductibles where feasible.
  • Implement risk mitigation measures to qualify for discounts.


Coverage Gaps and Overlaps


Builders' risk insurance may overlap with other policies like general liability or equipment insurance, but gaps can also occur. Conduct a thorough insurance review to ensure all risks are covered without unnecessary duplication.


Claims Complexity


Claims during construction can be complicated due to multiple parties and the evolving nature of the project. Maintain detailed records, including photos, contracts, and receipts, to support any claim. Promptly notify your insurer of incidents to facilitate smoother claims processing.

Conclusion: Protecting Your California Construction Project

Builders' risk insurance is a vital safeguard for anyone involved in construction or renovation projects in California. Given the state's unique environmental risks, high construction costs, and regulatory demands, securing the right coverage can prevent devastating financial losses and project delays.


By understanding what builders' risk insurance covers, working with experienced providers, and tailoring policies to specific project needs, contractors and property owners can build with confidence. Investing in comprehensive builders' risk insurance is not just a regulatory or lender requirement—it’s a smart business decision that protects your investment from the unexpected.