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There are many types of Contractors Insurance to help protect your business in the event of a lawsuit. Insurance is a crucial part of protecting your business. According to Forbes, 36%-53% of small businesses are involved in at least one litigation in any given year, and 90% of all companies are engaged in litigation at any given time. 

General liability insurance helps protect you if you are sued for injuries (other than employees), property damage, libel, and slander.

However, a customer can also sue you for making a mistake, missing a deadline, negligence, or undelivered services. Typically, general liability insurance does not cover this type of lawsuit.

 As they say, “To err is human,” but unfortunately, while “to forgive is divine,” not everyone forgives when a general contractor makes a mistake – actual or perceived. And one lawsuit can cost you a fortune in legal fees and settlements or judgments (if the court sides with the plaintiff) or even put you out of business.

 Thankfully, there is Professional Liability Insurance to help protect your business from this type of lawsuit.

What is Professional Liability Insurance?

Professional Liability Insurance goes by many names, such as Errors and Omissions and E & O insurance. Professional Liability Insurance protects your business if you face a lawsuit claiming you made a mistake in your professional services - whether or not you actually made a mistake.

 Some local and state laws, contracts, or customers may require Professional Liability Insurance. However, even if it isn’t required, it’s a good investment as one lawsuit can put you out of business. According to an SBA study, small businesses reported that legal costs for litigation ranged from $3,000 to $150,000. Furthermore, “Most companies used business assets to pay the damages,” and “owners mentioned that the payment of damages nearly put them out of business, which affected them for a long period of time as they worked to rebuild the business and recoup their losses.”

 Professional Liability Insurance helps protect your business from claims of the following nature:

• Errors
• Omissions

• Negligence

• Violation of good faith and fair dealing

• Misrepresentation

• Inaccurate advice

 Professional Liability Insurance covers the following costs (up to the policy’s limit):

• Attorney fees
• Court costs
• Administrative costs
• Settlements or judgments

 Professional Liability Insurance does NOT typically cover:

• Bodily injury
• Property damage
• Fraudulent, dishonest, or criminal acts
• False advertising
• Employee injuries or illnesses
• Discrimination or harassment
• False advertising
• Patents and trade secrets
• Any services not specified in your policy

 How Much Does Personal Liability Insurance Cost?

Every business is unique, so the cost of Professional Liability Insurance varies.

 Factors that can affect your Professional Liability Insurance costs include the following:

• Business size
• Location
• Claims history
• Coverage limits

 You can help keep the cost of Professional Liability Insurance down by doing the following:

• Properly training employees
• Providing quality work
• Drafting well-crafted contracts that set expectations
• Fulfilling the terms of the contract
• Keeping schedules realistic
• Providing quality workmanship
• Hiring reliable and competent subcontractors
• Performing and documenting periodic inspections
• Keeping communication professional and reasonable
• Ensuring everyone working on the project is adequately insured

 How to Save on Professional Liability Insurance

If you aren’t sure if you need Professional Liability Insurance, reach out to one of the agents at American Insuring Group who specialize in Contractors Insurance.

We understand your unique needs and can help ensure you have the right coverage. As independent agents, we will compare the cost of that coverage with several insurance companies to ensure that you pay the lowest premium for that coverage.

So start saving today by calling us at (800) 947-1270 or (610) 775-3848, or connect with us online.

People often refer to Contractor Insurance as a safety net, but I ask you to stop and think about this accurate but often-overused analogy. In a circus, a safety net is used below performers who are walking across a tight rope or acrobats flying through the air high above. If they fall, the safety net could save their lives. Likewise, the right Insurance can protect the life of your business.

Risks in Contractor Industry

Every business is open to risk, and the construction industry is more so than many other industries. According to a report published by the Center for Construction Research Training, in 2019, 79,660 nonfatal injuries were reported in the construction industry. Furthermore, "… it was consistently higher than all industries combined… Construction injuries were also more severe, as they typically caused more missed workdays than injuries in all industries."

And these injuries were not confined to larger construction companies. That same report states, "the injury rate among construction establishments with 11 to 49 employees was five times the rate for establishments with 1,000 or more employees."

These injuries are costing companies billions of dollars every year. The National Safety Council (NSC) reports, "The total cost of work injuries in 2019 was $171.0 billion. This figure includes wage and productivity losses of $53.9 billion, medical expenses of $35.5 billion, and administrative expenses of $59.7 billion." Individually, that translates to $1,100 per worker, $1.2 million per death, and $42,000 per medically consulted injury. Do you have enough money to cover those kinds of costs without jeopardizing your business? Probably not!

Another risk all businesses face is lawsuits. According to a Small Business Administration (SBA) study, 36 to 53% of small businesses were involved in lawsuits, and when a case goes to trial, it costs companies $3,000 to $150,000 to resolve. So how would a lawsuit affect your bottom line?

Then there is theft. Construction equipment theft results in $300 million to $1 billion in losses each year (and that's an old statistic). Studies show that construction equipment is an easy target for thieves because:

• Equipment is often left at unsecured sites when not in use
• Many sites are located in remote locations
• Equipment is easily accessible
• There are no standardized PINs or serial numbers, making equipment challenging to track.

Could you easily replace a $75,000 bulldozer without affecting your business? Probably not!

Here is a brief description of various types of insurance that can help protect your employees, your assets, and your business.

How Insurance Protects Your Employees

Without employees, you could not get the job done, so it's a good idea to take care of your employees and consider them an asset. In Pennsylvania (and most other states), all employers are required to carry Workers' Compensation Insurance, which covers lost wages, medical expenses, disability expenses, and funeral costs for employees who are injured on the job.

Failure to carry Workers' Compensation coverage for your employees can lead to a $2,500 fine and up to one year in imprisonment for each day the employer fails to maintain WC coverage. Felony convictions can result in a $15,000 fine and up to seven years imprisonment for each day the employer intentionally violated this requirement. Furthermore, you may be responsible for paying all benefits awarded by a Workers' Compensation judge.

How Insurance Protects Your Assets

• Inland Marine Insurance helps cover damages that occur while a building is under construction.
• Commercial Property Insurance protects your physical assets from fire, storms, theft, etc.
• Commercial Vehicle Insurance protects against bodily injuries and property damage if one of your vehicles is involved in an accident.
• Builders Risk Insurance helps replace materials, tools, and lost, damaged, or stolen equipment.

How Insurance Protects Your Business

• General Liability Insurance protects your business from liabilities, such as bodily injury and property damage claims.
• Professional Liability Insurance protects your business if a client sues you for design errors or omissions.
• Pollution Liability Insurance protects your business if you're held liable for a pollution incident on a worksite.
• Cyber Insurance helps protect your business from data breaches.

How to Get the Right Contractors Insurance for Your Business

The best way to get the right Insurance for your business is to work with one of the independent agents at American Insuring Group who specialize in Contractors Insurance. They understand your unique risks and know the right questions to ask.

Plus, as independent agents, they will compare the cost of your coverage among competing insurance companies to ensure you pay the lowest price on your premiums. So give us a call at (800) 947-1270 or (610) 775-3848, or connect with us online.

Contractors Insurance is key to the success of any contractor or construction company. The right insurance helps protect your company from employee injuries, litigation, or damage caused as a result of your work.

Hiring subcontractors – as many contractors do – creates additional liability and insurance considerations you need to consider if you want to ensure your business is adequately protected.

What is a Contractor?

If you Google "definition of a contractor," here's what you get – "a person or company that undertakes a contract to provide materials or labor to perform a service or do a job." A contractor solicits business, negotiates deals, obtains the contracts, and oversees the project. In the construction industry, a contractor typically works directly with the property owner.

What is a Subcontractor?

Many contractors hire subcontractors – a type of contractor - to assist with a small part of a larger project. Often a subcontractor will specialize in a specific skill, such as insulation, drywalling, tiling, etc. Google "definition of a subcontractor," and you get "a business or person that carries out work for a company as part of a larger project."

In construction, a subcontractor typically works directly with the contractor, not the property owner. His contract is with the contractor. However, a subcontractor is not an employee of the contractor.

Subtractor Liability Considerations

When something goes wrong during a construction project, who is held responsible? What if a subcontractor is injured? Or the subcontractor's part of the job isn't completed on time? Or there is faulty workmanship on the part of the subcontractor? Someone needs to be held accountable and pay for the damage or injury.

According to National Forensics Consultants, "These questions have posed problems for legal teams for decades, and as the [construction] industry grows, the more complicated matters become." Often, the general contractor is held responsible, but there are steps contractors can take to protect themselves:

• Only hire subcontractors that you trust and have a reputation for doing quality work and honoring agreements.
• Draft comprehensive contracts that include detailed information about what is expected of the subcontractor – What they will do, when they will complete it, how they will get paid, etc.
• Ensure the subcontractor is appropriately covered by insurance.

Subcontractor Insurance Requirements

You may be able to add subcontractors to your insurance policies as an additional insured for the project's duration, or you may prefer, they carry their own insurance. Here are the types of insurance you may want to consider requiring of your subcontractors.

General Liability Insurance (Aka Business Liability Insurance)

General Liability Insurance helps cover costs such as medical expenses and legal fees if someone is injured or property is damaged as a result of your services.

Workers' Compensation Insurance

General Liability Insurance does not cover employee injuries. If an employee is injured on the job, Workers' Compensation Insurance covers medical expenses and lost wages. It also helps protect the employer from being sued by an injured worker. In Pennsylvania, most employers are required to carry WC. However, if the subcontractor is a one-man-show, it probably isn't required (but is a good investment).

Professional Liability Insurance (aka Errors and Omissions Insurance or E&O Insurance)

This type of insurance protects you if there is a claim against your business due to negligence, mistakes, or failure to deliver as promised.

Business Auto Insurance (Aka Commercial Auto Insurance)

Business Auto Insurance is a type of liability insurance that covers vehicles owned by a business. The general rule of thumb is that if a vehicle is used for tasks related to the business, a Commercial Auto Insurance policy is required. Many business uses or vehicle types can be excluded from personal auto Insurance policies.

Umbrella Insurance (Aka Excess Liability Insurance)

Umbrella insurance increases the policy's limits and provides additional protection against catastrophic losses.

How to Ensure Your Business is Protected

The agents at American Insuring Group specialize in contractor's insurance. We can make sure you have the right insurance protection, and – as independent agents – we will compare the cost of that coverage among several companies to ensure you get the best price on that coverage. Give us a call today at (800) 947-1270 or (610) 775-3848 or connect with us online for a free estimate.

Do you think that Commercial Property Insurance has you covered? Let’s go back to June 2019 for a moment.

Do you remember the fire and series of explosions at Philadelphia Energy Solutions? It released 5,239 pounds of deadly chemicals into the air and took more than 24 hours to extinguish. CNBC reported that it sent shock waves for miles and rained debris on nearby neighborhoods, and that “the blast was so powerful that a 38,000-pound barrel was launched 2,100 feet across the Schuylkill River, where it landed on the opposite bank.”

It was determined that the likely cause of the fire was a faulty pipe. Surprisingly, there were no serious injuries or fatalities. Five workers reported minor injuries, and experts do not believe there will be any health impact from the release of chemicals.

This is a prime example of why businesses need both Commercial Property Insurance and Business Liability Insurance. One covers your property, and one covers lawsuits.

In the Philadelphia Energy Solution incident, Commercial Property Insurance would help Philadelphia Energy repair or replace its refining complex. If the explosion was determined to be Philadelphia Energy’s fault, Business Liability Insurance would help cover any damage the explosion caused nearby neighbors or if the deadly chemicals were to have any negative effects on anyone.

According to the Insurance Journal, four out of ten businesses are likely to experience a property or general liability claim in the next ten years, and the average cost of a customer slip and fall claim is $20,000. Reputational harm claims cost an average of $50,000, and if a lawsuit is involved can average more than $75,000 for legal fees, settlements, and judgments. About 35% of all general liability claims result in a lawsuit.

What is Commercial Property Insurance?

Commercial Property Insurance helps repair or replace your physical assets, such as the building, furniture, computers, inventory, etc. if they are damaged by fire, hail, lightning, windstorms, vandalism, and explosions.  Typically, earthquakes and floods are not covered unless they are added to your policy.

The cost of Commercial Property Insurance is determined by the value of your assets, your location, the construction of your building, your industry, and how close the nearest fire hydrant and fire station are.

What is Business Liability Insurance?

There are many types of Business (Commercial) Liability Insurance that cover different liability risks. Business Liability Insurance protects your business from liability claims against your business by a third party, such as customers, suppliers, vendors, and employees.

Types of Liability Insurance

General Liability Insurance helps cover third-party lawsuits, like customers, suppliers, and vendors, but not your employees. It typically helps cover third-party personal injuries, property damage, and advertising injury. For example, if a customer were to be injured after slipping and falling at your business, they could file a lawsuit against you. General Liability Insurance would help cover the costs of that lawsuit.

Workers’ Compensation Insurance is required for most employers in Pennsylvania. It helps pay for medical costs and lost wages if an employee is injured on the job. It also reduces the risk of an employer being sued by an injured employee.

Professional Liability Insurance (A.k.a. Errors and Omissions Insurance) helps protect businesses against negligence and other claims made against them.

Product Liability Insurance helps cover lawsuits filed due to damages caused by a business’s products.

An experienced insurance agent can help you determine the types of business liability insurance that is right for your business.

Here's How to Save on Commercial Property Insurance and Business Liability Insurance

Here are two ways to save on the cost of Commercial Property and Business Liability Insurance:

• Bundle the two policies into a Business Owners Policy.
• Work with an independent agent, like the agents at American Insuring Company, who can compare the cost of your coverage with several different companies.

Want to learn more about lowering your Commercial Insurance Costs? Give one of our independent agents a call today at (800) 947-1270 or (610) 775-3848 or connect with us online.

Litigation is like lightening; it can never be accurately predicted. So, the best defense against both is to avoid them altogether. While it’s possible to seek shelter and stay out of harm’s way during a storm, avoiding a professional liability lawsuit can be much more complicated.

Being diligent in all areas of your business could be an asset if you face a professional liability lawsuit, even if you have professional liability insurance, but it can’t always prevent one.

If you own a small-business and you’re being threatened with a lawsuit, your best defense is preparation. Assume that a lawsuit could be coming at any time and you may be ready if it actually does.

Here are 3 key strategies to maximize your odds of successfully defending your business against a professional liability lawsuit:

#1. Document all communications with your clients

During the course of a lawsuit, your lawyer may ask you for a particular document or certain facts relating to an important incident. If you’re working from memory alone, you’re going to have trouble presenting a cohesive defense. You will have much easier access to information about your lawsuit if you have left a thorough paper trail. Depending on your type of business, that trail might include:

• Written contracts
• Work documents
• Invoices and receipts
• Confirming emails sent after meetings and phone calls
• Changes to contracts and proposals

Just keep in mind that overly-complicated documents may hurt your case. If a mediator or jury can’t follow the information in a key document, they could easily assume that your client couldn’t either. 

#2. Work with your lawyer

The relationship between lawyer and client can come under considerable strain during the course of a lawsuit. A good working relationship can increase the odds of a positive outcome and reduce your anxiety considerably. You and your attorney are a team. Here are some teambuilding hints to improve your odds of winning:

• Keep your lawyer informed by disclosing everything that might pertain to the dispute. Don’t hold back. Lawyers are trained to sift through information and determine what is useful and what is not.
  
  
• Prepare summaries, timelines, and other materials. Be as accurate as possible. Your lawyer will base your claims and defenses on this information.
  
  
• Respond promptly to all requests. Your lawyer may have to work under a very tight deadline. The more time you give your lawyer to digest the material you provide, the better job your lawyer can do of using that material to prepare important legal papers.
  
  
• Keep your lawyer apprised of your schedule. You will need to be present at certain events in a lawsuit. Most of these events can be postponed or moved up to accommodate your schedule, but your lawyer must have enough advance warning that you won't be available.

Assess the professional liability lawsuit honestly

Your first instinct after being hit with a lawsuit might be to fight the claim with all available means. After the initial emotions have subsided, however, and you can approach the dispute objectively, you might discover that it makes sense to settle. An honest assessment might make you realize that that you were in error to some extent, or you may come to the conclusion that a sustained legal battle would drain your financial resources.

You should realize that most lawsuits settle, and that the court system is designed to put pressure on both parties to settle. You continually need to reassess whether defending the lawsuit makes economic sense. If you see yourself spending a large amount on legal fees, settling the lawsuit is probably a good move. Remember that your time is worth something. So is your peace of mind.

Protection starts with the right business insurance - call today!

To learn more about Professional Liability Insurance, which helps you pay for the cost of lawsuits and other expenses for which you are legally responsible, and for all your Business Insurance needs contact American Insuring Group online or call us at (800) 947-1270 or (610)775-3848.