Debate over the perceived benefits of consolidated insurance programs (CIPs) also known as controlled insurance programs and more popularly referred to as "wrap-ups" - has evolved over the past several decades into one of the hottest, most contentious issues within today's construction
industry. Originally designed to reduce overall insurance costs on very large, single-site projects involving significant labor and considerable workers' compensation premium costs, wrap-ups have changed creatively and are now applied to a variety of project sizes and types of construction. While
affecting a high number of contractors and subcontractors, wrap-ups have become widely regarded as perilous for subcontractors and particularly so when used on smaller scale and multi-site projects, aka: "rolling-wraps". Public works projects and their public owners are not immune to wrap-up
problems.
In simple form, a wrap-up is a centralized insurance and loss control program intended to protect the project owner, prime contractor, and subcontractors under a single set of insurance policies. While the wrap-up concept is not new to construction risk financing, there has recently been a proliferation of variations in plan design making many contemporary programs comparatively new insurance models. It is important to note that all wrap-up programs are a radical departure from the traditional construction insurance format, where each contractor and subcontractor individually purchases and negotiates its own insurance and risk financing programs to address liability and losses from accidents. Unfortunately, wrap-ups are too often marketed inappropriately as providing the same or better insurance coverage, at the same or lower financial risk and cost to subcontractors, as their own individual insurance programs offer. Wrap up design seems too focused on profit for program sponsors rather than providing the coverage necessary to protect subcontractors and creating a financial backstop for construction buyers that experience challenges arising from defective construction, injuries and other accidental loss both during ongoing construction operations and long after completion.
Ideally, a wrap-up will provide sufficient limits of fully paid commercial general liability, workers' compensation, employer's liability, pollution liability, professional liability, excess liability and even coordinated builder's risk first party property coverage for all enrolled program insureds and for the entire construction process and including the full term until statutory repose of the completed operations hazard period.
Today, many subcontractors that have experienced owner-controlled insurance programs (OCIPs) or contractor-controlled insurance programs (CCIPs) have come to realize all wrap-ups are indeed not ideally created with equal protection and transparency. Wrap-ups are rarely as comprehensive and coordinated as the sponsor implies. In fact, many wrapups offer inadequate and limited coverage, often employ burdensome procedures for subcontractors that can significantly amplify exposure to risk, increase administrative costs and paperwork, and generate problematic outcomes. From a subcontractor perspective, as the use of wrap-ups has spread, so has the controversy surrounding them.
ASA-OK September 30th Legislative Summit
ASA-OK wants to know its members' opinion on transparency requirements on both private an public projects. And that is why Issue #3 at the September 30th ASA-OK Legislative Policymaking Summit & Grassroots Symposium presented by Fennell & Associates will address such.
The September 30th Summit provides an opportunity for every ASA-OK member to have their voice heard on this important matter. Click here to register for the event! Please note that a small registration fee is being charged and that every dollar of that registration fee will be used by ASA-OK solely for the purpose of funding legislative and advocacy effort on behalf of the subcontractors in the state of Oklahoma.
Schedule of Events
Morning Session sponsored by Rich & Cartmill
8:00 am Breakfast sponsored by Cantera Concrete
Speaker: Senator Dan Newberry (R-OK, District 37), Majority Whip and Chairman of the Business and Commerce Committee
9:00 am Grassroots Symposium led by Jim Dunlap, President Dunlap Consultants & former
Oklahoma Senate Minority Leader
10:00 am Issue #1: Little Miller Act protection for public/private partnerships
In attendance for discussion as resource: ASA-National Director of Government Relations Franklin Davis & ASA-OK Member Attorney Eric Daffern
10:30 am Issue #2: Competitive bid selection process vs. best value
In attendance for discussion as resource: John W. Morrison AIA, State Construction Administrator, Oklahoma Department of Central Services
12:00 noon Lunch sponsored by Sen. Harry Coates, Coates Roofing and Concrete Services Corp
Speaker Introduction: Senator Harry Coates (R-OK, District 28)
Speaker: Lieutenant Governor Todd Lamb
Afternoon Session sponsored by the Oklahoma Masonry Contractors & Brown Machinery Co.
1:00 pm Issue #3: Transparency on wrap-up insurance for both public and private projects
1:45 pm Issue #4: Requiring bid listing on public projects
2:30 pm Issue #5: Enforcing laws & regulations on out-of-state subcontractors
In attendance for discussion as resource: Oklahoma Labor Commissioner Mark Costello and Oklahoma Insurance Commissioner John Doak
4:00 pm Open Forum
5:00 pm Reception sponsored by Central Glass & Mirror, C. L. Frates & Company and
United Acoustics
Speaker: Attorney General Scott Pruitt (invited)