Construction work on your condo building shouldn’t give you sleepless nights. Fraudulent injury claims, however, just might. While legitimate accidents do happen, boards are being served more and more lawsuits by workers claiming injuries that never occurred. These claims drain reserves and spike insurance premiums. Here’s how to protect your building.
1.Vet Your Contractors Thoroughly
Your first line of defense against fraudulent claims is contracting with reputable contractors. A quality contractor maintains proper safety protocols, trains workers, and keeps detailed records of who’s on-site and when.
Consider these screening steps:
- Maintain a preferred vendor list for building-wide projects and unit renovations
- Document problem contractors to avoid repeat mistakes
- Verify safety certifications and ensure workers have the required training
The right contractors will do more than just outstanding work. They will help you avoid legal headaches.
2. Scrutinize Insurance Coverage Carefully
Don’t just glance at a certificate of insurance. Your board needs to dig deeper to ensure adequate protection.
Review the actual policy, not just the certificate, to identify areas of insufficient coverage. For exterior work, request an umbrella policy of at least $10 million over the general liability limits. For interior work, aim for $5 million.
Watch out for exclusions that could shift liability to your building:
- Policy exemptions that leave you exposed during injury claims
- Coverage gaps your building’s insurance would need to cover
- Contract loopholes that invalidate insurance protections
For unit renovations, your alteration agreement should clearly establish that apartment owners bear liability for any injuries during construction.
3. Maintain Continuous Insurance Coverage
Even brief lapses in your building’s insurance create lasting problems. Some boards have seen premiums double after coverage lapses during disputes.
Insurance carriers are increasingly strict about coverage gaps. Some underwriters automatically decline applications from buildings with any lapse—even two weeks. You might struggle to find coverage at all.
Work closely with your insurance broker to ensure your policy covers construction accidents and renewals happen seamlessly.