Insurance Requirements in Coop
Started by renogirl_in_doubt
over 17 years ago
Posts: 18
Member since: Jul 2008
Discussion about
Hi, can somebody tell me whether this is crazy, I have a feeling it is. I asked my coop for approval to replace a wood floor and repair plaster/paint my apartment. They require the following insurance and hold harmless waiver from the contractor: (1) Property Insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement... [more]
Hi, can somebody tell me whether this is crazy, I have a feeling it is. I asked my coop for approval to replace a wood floor and repair plaster/paint my apartment. They require the following insurance and hold harmless waiver from the contractor: (1) Property Insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and all other perils covered by a standard "All Risk" insurance policy. Contractors agree to waive their right of subrogation against Owner. The Property policy shall allow for a Waiver of Subrogation in favor of Owner. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Owner or its agents or employees for any losses. (2) Workers Compensation affording coverage under the Workers Compensation laws of the State of New York and Employers Liability coverage subject to a limit of no less than $1,000,000 each employee, $1,000,000 each accident, and $1,000,000 policy limit. (3) Commercial General Liability Insurance with limits of $1,000,000 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $1,000,000 aggregate Products and Completed Operations Liability and $2,000,000 General (per project) Aggregate. The policy shall be written on an occurrence basis with no deductible. The policy shall not contain exclusions relating to: (a) contractual liability (b) independent contractors (c) gravity related injuries (d) injuries sustained by employee of an insured or an insured rather than "the insured" Policy shall be endorsed to ____________ as “additional insured.” Definition of Additional Insured shall include all Officers, Directors and Employees of the named entity. Further, coverage for the "additional insured" shall apply on a primary basis irrespective of any other insurance, whether collectible or not. (4) Automobile; Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles. (5) Umbrella Liability Insurance for the total limit purchased by Contractor but, not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraph 2, 3, and 4 above. This policy shall be written on an "occurrence" basis. All policies noted in above shall be written with insurance companies licensed to do business in the State of New York and rated no lower than A-8 in the most current edition of A.M. Best's Property-Casualty Key Rating Guide. (6) EVIDENCE (NOTICES) OF COMPLIANCE All policies shall be endorsed to provide that in the event of cancellation, non-renewal or material modification, Owner shall receive thirty (30) days written notice thereof. Contractor shall furnish Owner with Certificates of Insurance no later than (5) days prior to commencement of work and upon Owners request, complete copies of all policies including all endorsements attached thereto evidencing compliance with all insurance provisions noted above. (7) INDEMNIFICATION/HOLD HARMLESS The contractor shall, to the fullest extent permitted by law and at its own cost and expense, defend, indemnify and hold Owner, its partners, directors, officers, employees, servants, representatives and agents harmless from and against any and all claims, loss, (including attorneys' fees, witnesses' fees and all court costs), damages, expense and liability (including statutory liability), resulting from injury and/or death of any person or damage to or loss of any property arising out of any negligent or wrongful act, error or omission or breach of contract, in connection with the operations of the contractor or its subcontractors. The foregoing indemnity shall include injury or death of any employee of the contractor or subcontractor and shall not be limited in any way by an amount or type of damages, compensation or benefits payable under any applicable Workers Compensation, Disability Benefits or other similar employee benefits acts. The contractor agrees to waive its right of subrogation against the owner, its partners, directors, officers, employees, servants, representatives and agents applicable to any claims brought by the contractor's employees. [less]
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the million-dollar liability insurance might boggle your mind if you've never seen it before, but it is pretty standard.
ali r.
{downtown broker}
Why did you ask your coop. I've replaced my floor, there weren't any problems.
Ali r.: the contractor I had lined up had 1 million of insurance, but not the 5 million they require. Do you still think that is normal? Thanks.
Normal, not normal really isn't the issue. If you want to do the work you need to abide by the rules of the coop. If there was a serious accident or a fire or who knows what & there wasn't sufficient insurance, you & your fellow investors in the coop would be stuck with the bill. Do you want to do the work or don't you?
These are standard amounts held by most contractors in ny -- they just name you, the coop and managaing agent as additional insured. Also, coops have deposits during the work in case of damage or breach of building rules such as using oil paint if prohibited, etc. It should not be a problem -- it just means you cannot hire a kid on craigs list...
Bump for slightly different situation, two years later. We're trying to do the same cosmetic work as the OP.
Our co-op has the same requirements, and although several of you have said this is normal, I'm finding that *no* contractor that I have contact has the $5 million umbrella policy. The management company is being very nasty and sticking to their requirements, although I doubt this lack of cooperation is coming from the board.
front_porch, drdrd, and manhattanfox all said this is normal. Can anybody recommend a floor & paint person who might have a $5 million umbrella policy? Or can you recommend a way to side-step the nasty management company?
Isle: I had the same issue with a co-op & the required insurance. I ended up paying for the policy. No way to side-step.
get in touch with a board member and see if the board will budge. if they say yes, then send an official request to the board so that during the next board meeting they can tell the morons, i mean management asses, to stuff it.
^ nyc and ab, both ways to address the situ, from opposite sides of the coin. You seem to both understand my frustration, and I thank you for that.
nyc, how much did that policy cost? (ballpark.....) Do you remember who you used?
Isle: They're no longer working in NYC. It was in the order of a few thousand dollars (i.e. they had an existing policy and I paid for the upgrade). I was in a rush to complete (time is $) and didn't want to fiddle-faddle with the board. Also, didn't want to get a reputation as a difficult shareholder. I spoke many times to the mgt co. to no avail. In the end, paying a few thousand $ meant no delay attributable to the insurance req's.
p.s. Not only did the mgt want a larger-than-normal policy (more usual for Gold Coast co-ops), they wanted separate policies for the electrician and plumber which were larger than usual.
I have done projectsin many of the higher end buildings in manhattan.Roughly 98% of them require 1 million with a 2 million umbrella. For a project at Trump place I had to get a 3 million umbrella. I think 5 million insurance for cosmetic work is unbelievable.
Similar situation, similar questions. My contractor says he has a 1 million dollar umbrella, the coop alteration agreement says it requires 3 million umbrella but the managing agent is telling me they want 5 million.
1. Can they decide to randomly require something other than what the alteration agreement specifies?
2. My contractor wants to split the cost. It seems like I should only have to pay 50% of the difference between 3 million and 5 million because it seems like the standard is 3 million. Any one have any idea what this costs? My contractor is saying $3800 to increase from 1 million to 5 million.