IN THE PUBLIC EYE

Owner Controlled Insurance Programs (OCIPs) in Demand More Than Ever

Author: Mike Davidson, Vice President and Shawn Kraatz, First Vice President, Alliant

 

The effects that COVID-19 has had on the U.S and the world have been unprecedented. For public entities in the U.S., construction projects that were on the verge of starting and those that were mid-term when the pandemic were significantly delayed or entirely halted.


Fast forward to today, fortunately, construction has begun to pick up for many public entities with new projects now moving forward and mid-term projects resuming to a normal pace. More than ever, municipalities are inquiring about implementing an Owner Controlled Project as a means to cut costs, control their own claims destiny and shift the burden of the overall administration process and workload from risk management to the OCIP program administrator.  


Public entities and their stakeholders are taking a deeper dive into many of the other benefits utilizing an OCIP or a rolling OCIP brings to their projects and the public. Below is a further primer on what an OCIP is, what many of the key benefits are and why your entity should consider the significant leverage of being in control in the event of a large loss.

 

Project Protection

An OCIP is a centralized insurance and loss control program designed to provide protection to the project owner, all contractors and subcontractors for certain insurance coverage while they are on the project site. The recognized benefits of an OCIP over the conventional approach to construction insurance and loss control programs include greater risk control and improved insurance coverage for all involved parties.

 

Key Benefits to the OCIP Approach


Control
The utilization of a wrap-up allows the owner to control the selection of the insurance coverage for the construction projects, thereby eliminating a great deal of uncertainty for this aspect of the construction project.

 

Limits of Insurance: The use of an OCIP allows the project owner to purchase dedicated limits of insurance for their project. These limits are typically higher than what is usually required of the contractors on the project.


Quality of Coverage / Insurer: Under a wrap-up approach, the owner controls the decision on the placement of coverage. OCIPs often have superior coverage when compared to the coverage provided by most of the contractors on the project site.  


Safety/Loss Control: Under the OCIP approach there is a single centralized safety plan that all contractors are required to adhere to. This coordinated and focused project specific loss control program is a critical element of a successful wrap-up.


Claim Management/Central Defense: With a single insurance company insuring all onsite operations, there is little opportunity for complicated lawsuits involving multiple contractors, lawyers, and insurance companies to arise from an OCIP environment. This is a significant time and cost saving benefit to all parties involved in the program.

 

Public Relations 


Increased Contractor Participation: Under the wrap-up approach, project insurance requirements are no longer a potential barrier for contractors to bid on your project.  This will lead to increased participation from disadvantaged, minority and women owned enterprises. 


Insurance Documentation Process: The construction insurance marketplace has made it very difficult for a project owner to get the correct insurance documentation from the contractors on their projects. The use of an OCIP greatly reduces the administrative burden of the project owner to review all of the subcontractor insurance certificates and endorsements for contract compliance. This leads to better relationships with the contractors as well as saving valuable resources for the owner.


Claim Handling: The single insurance placement of an OCIP allows for quicker responses to legitimate claims, therefore keeping all parties satisfied and avoiding negative publicity and press.


Cost Savings 
The cost savings of an OCIP are derived from the structure of the insurance program, the economies of scale and the elimination of insurance charges in the subcontractors’ contract amounts.


Program Structure: OCIPs are typically structured under a deductible approach, where the insurance company charges a minimal fixed cost and a loss fund is set up to handle the potential claims on the project. A properly structured OCIP program will include certain stop loss components or maximum amounts for which the owner is responsible.  This structure allows the owners to capitalize on favorable loss experience on the project without putting themselves at unnecessary risk.

 

Economies of Scale: The purchase of a wrap-up is a “bulk” insurance purchase. As with any item, there are built-in bulk purchase discounts that apply allowing the owner to purchase the insurance at rates lower than individual contractors. Typically project owners save anywhere between 0.5 % and 1.5 % of their anticipated hard cost under an OCIP approach.

 

Contractor Insurance Credits: Since the owner is supplying most of the insurance for the construction project, contractors are instructed to remove certain insurance charges from their initial bids, thereby reducing the overall cost of construction. This process is monitored and reconciled typically by the OCIP administrator for compliance and does not add any burden to the owner’s project team.

 

Measuring Viability 

In conjunction with an experienced construction insurance professional, the following items should be reviewed to evaluate the appropriateness of an OCIP for a particular project or series of related projects:  
  • Project Size
  • Project Duration
  • Project Location
  • Legal Jurisdiction of the Project
  • Project Control
  • Project Labor Component
  • Project Security
  • Project Management
  • Insurance Marketplace
  • Economic Viability

 

Common OCIP Objections

The following are the most common objections to an OCIP approach.


Contractors do not understand OCIPs.
The use of OCIPs has greatly increased over the last ten years. There are very few contractors that have not been exposed to wrap-ups.  However, on every project, there are a few contractors that fight the process. This usually occurs for one of two reasons.  They are not comfortable with the concept, and typically a little education is required, or they are using the process as a negotiation tool with the owner or prime contractor.


OCIPs still require contractors to maintain their own insurance.
This is absolutely true. The OCIP is going to require the contractor show to they have coverage for any operation that is not at the project site. In addition, the OCIP does not typically provide coverage for the contractors’ automobiles and equipment while on site. The OCIP will greatly reduce the owner’s reliance on the contractors’ insurance program and the inherent uncertainties surrounding it.


The contractors will not care about claims that occur under the OCIP.
Not true. The OCIP workers’ compensation insurer is required to submit the actual payrolls and losses for each subcontractor to the applicable Workers’ Compensation Insurance Rating Bureau annually. The claims that the contractor has on your job site will directly affect the pricing of his or her subsequent insurance renewals.


The cost of insurance is built into the contracts overhead.
This is true. Part of the OCIP approach is the removal of the insurance charges and related overhead for the coverage provided by the owner.


The administrative burden of the OCIP is too high for the owner.
The bulk of the OCIP administration process is typically outsourced to the insurance broker or a third party. The cost of this outsourcing is a known cost that is disclosed to the project owner. An OCIP may actually ease the administration burden of a construction project, as there is a significant reduction for resources dedicated to insurance compliance during the project and litigation expense in the event of a claim.


Alliant Public Entity and Construction
Alliant Public Entity and Construction have a tremendous amount of experience in placing OCIPs for municipalities across the country, including the largest public and public-private-partnership projects in the country, as well as managing a rolling OCIP program for the largest Joint Powers Authority in the country. If you would like additional information on our OCIP capabilities or to discuss the potential fit of an OCIP for your project, please contact:

 

Mike Davidson
Email: mdavidson@alliant.com

 

Shawn M. Kraatz
Email: shawn.kraatz@alliant.com