Eliminate Gray Zones with Contract Aligned Cover
The challenge: Broad insurance structures — like vague contracts — can fail to reflect the realities
of phased handovers, leaving revenue generating assets underinsured just when exposure peaks. That’s why handover
definitions need to be as clear in insurance policies as they are in contracts.
“In phasing scenarios, handover isn’t a specific date — it’s a risk state,” notes Jason Behrer, Aon’s Managing
Director for Builders Risk in the United States. “If you don’t define it in your policies, you’re vulnerable to
coverage gaps, disputes and operational interruptions.”
A common point of friction arises around BI. Owners and operators might expect the coverage to apply during phased
operations. However, unless it’s explicitly built into the program, it often does not. DSU plays a critical role in
the transition, providing first-party protection for revenue delay during commissioning and handover. Without it,
recovery may default to liability routes, where compensation depends on proving fault — a lengthy and complex
process.
Adjacency is another risk to manage. Construction occurring next to operational components governed by strict SLAs
heightens liability, risking equipment damage, operational disruption and costly downtime.
Insurance programs and the underlying contracts must be carefully structured to address the transition period,
accounting for potential impacts like equipment damage, business interruption or delays in bringing components
online — and clarifying who bears responsibility. To ensure that the construction coverage is maintained where the
asset has been put into operation and avoid gaps in the cover, “taken into use” extensions can be included.
Insurance Coverage After Handover
Owners need to anticipate post completion realities, building them into both contracts and insurance architecture
that reflect regional nuances:
- Maintenance Cover: In most regions, CAR policies include maintenance cover to protect the 12- to 24-month defects liability period. This cover does not apply to projects in the United States and Canada, where
post-completion defect risk is more commonly addressed through completed operations cover under general
liability. Across markets, however, maintenance coverage is highly wording-dependent and the breadth of
defect-related protection can vary on a project-by-project basis.
- Completion Definitions: North American programs more commonly hinge on substantial completion
and may allocate post-completion defect risk differently across builders risk/course of construction and
completed operations liability cover.