We bring to your attention a construction and installation risks insurance program, which allows you to protect the property interests of the contractor performing construction installation work, from possible financial losses.

The program includes three types of insurance:

1. Insurance of construction and installation works

The following objects are subject to insurance:

• Objects of construction and installation work (including building materials, structures, installed equipment, etc.);
• Construction site equipment (temporary buildings and structures, storage facilities, scaffolding, engineering communications etc.);
• Construction machines (construction machinery and equipment for construction and installation work, earthmoving equipment, road construction equipment, etc.;
• Property of the customer and/or contractor located on the construction site (including installed equipment);
• Construction materials and structures during their transportation between intermediate warehouses and the main construction site.

Insured events:

Two types of coverage are possible:

Coverage against named risks

• Fire, explosion and/or lightning strike;
• Exposure to liquid;
• Natural hazards;
• Illegal actions of third parties;
• Mechanical impact of foreign objects, shock waves;
• Collision, fall, overturning, overturning;
• Rupture of cables, slings, chains, breakdowns of traverses, grips, conductors and other auxiliary equipment;
• Overload, overheating, vibration, disorder, jamming, clogging of mechanisms, pressure changes, fatigue of mechanisms;
• Unintentional violation building codes and ruled the faces, not responsible for compliance with such norms and rules;
• Errors in manufacturing and/or installation, hidden defects in structures and materials.

All Risk Coverage

Sum insured:

When advancing insured event The amount of compensation is determined based on:

• Costs of paying for the preparation of estimates for repair work;
• Expenses for payment for the purchase of parts, materials, taking into account the wear and tear of replaced parts, materials at the time immediately before the occurrence of the insured event (the “old for old” condition);
• Costs for payment for transportation of parts, materials and components and/or damaged property to the place where repair work is performed, excluding payment for urgent transportation and/or air transportation;
• Expenses for payment for repair work, including operations for dismantling and disposal of damaged elements of the insured property, excluding payment for temporary repairs and overtime work;
• Expenses for testing and/or certification of restored property.

2. Civil liability insurance during construction and installation work:

Object of insurance:

The objects of insurance are those that do not contradict the law Russian Federation property interests of the Insured associated with the obligation, in the manner established by the current legislation of the Russian Federation, to compensate for damage caused to the life, health or property of third parties during construction and installation work.

Insured event:

An insured event is the occurrence civil liability the person whose liability is insured (the Policyholder or the Insured), recognized by him voluntarily with the consent of the Insurer or established by a court decision, for obligations arising from causing harm to the life, health or property of third parties during construction and installation work.

Sum insured:

The insurance amount is established by agreement of the parties and is determined by the total liability limit, which consists of the liability for each insured event.

3. Post-launch warranty insurance

Object of insurance:

The object of insurance is the property interests of the Insured associated with the risk of unforeseen expenses during the period of post-launch warranty obligations due to damage, destruction or loss of construction and installation works objects put into operation.

Insured event:

The occurrence of unforeseen expenses for the Insured during the period of post-launch warranty obligations, caused by damage, destruction or loss of commissioned construction and installation work objects as a result of errors made while the Insured was at the constructed (installed) construction and installation work object during the period of post-launch warranty obligations for the purpose of to eliminate deficiencies in the construction and installation work performed or to carry out maintenance and/or other work in accordance with its contractual obligations.

Insurance period:

Depends on the warranty period established by the contract and, as a rule, does not exceed 3 years. If necessary, the issue of increasing this period to 5 years or more may be considered.

Sum insured

The insured amount is established by agreement of the parties.

To get more detailed information about the programs, please contact our specialists. We will be happy to help you.

Every respectable businessman, regardless of status or business activity, strives to protect himself from unforeseen situations that arise in the course of business activities.

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It is accompanied by a variety of risks, among which the main place is occupied by the risks associated with the loss of financial assets. In such a situation, an insurer comes to the rescue, providing reliable business protection.

What is it

Construction production is considered capacious, requiring considerable costs for the construction of a building or structure. It consists of the stages of design, preparatory, basic and final work, and commissioning of the facility.

The final result of a construction product depends on many factors, such as compliance with building codes and regulations.

According to the definition of the Civil Code of the Russian Federation, construction and installation work insurance is classified as property insurance, therefore the contract provides for the risk of destruction or damage to the building or structure under construction.

The main types of insurance risk include:

• accidental death of an employee at work as a result of an accident; damage to the construction site;
• breakdowns of technological equipment;
• damage building materials, other types of property and production facilities;
• civil liability for causing harm to third parties.

Insurance of construction and installation works is one of the types of comprehensive insurance, which provides protection for all persons involved in construction production from insurance risks arising during the implementation of individual construction processes in accordance with construction technology.

Rules

According to the requirements of legislative acts, the insurance contract allows you to receive financial protection as a covering for losses incurred from the insurance company at the expense of insurance premiums contributed to its fund by legal entities and entrepreneurs.

Insurers can be individuals or legal entities who are interested in the final result of the construction of the facility.

If the object is insured, then in accordance with the generally accepted rules, insurance company compensates for the damage received by the insured. In this case, the conditions of liability insurance “for all types of risks” apply.

They may arise as a result of destruction or damage to the insured object upon the occurrence of an insured event associated with:

• with the impact of fires, explosions, lightning strikes;
• consequences of natural disasters such as earthquakes, floods;
• with changes in the appearance of an object due to aircraft falling on it;
• deformations resulting from soil subsidence, flooding with groundwater;
• damage that was intentionally caused by illegal actions of third parties, for example, a robbery on an object;
• accidents of utility networks, which include water supply, sewerage, and heat supply systems;
• with errors that were made during installation;
• with damage due to the collapse of an object, including from falling parts;
• terrorist acts;
• with errors made during the design of the facility; collision vehicles.

The insured amount when concluding an insurance contract is assigned based on estimated cost object.

When insuring production equipment, it is determined by its actual value. As for building materials, the insured amount is accepted at its actual, that is, market price.

The insurance premium under the insurance contract is determined by mutual agreement of the parties, but the insurance rules impose restrictions on it. Its size should not exceed the value of the property for which the insurance contract is concluded.

Construction and installation work insurance can be provided:

• at actual cost with reimbursement of the full value of assets;
• in proportion to the sum insured;
• with the use of an unconditional franchise, when part of the damage suffered by the insured is not subject to compensation;
• with a conditional deductible, in which the insurance company fully compensates for damage provided that the amount of the agreed deductible is exceeded.

What applies to objects

The objects of insurance for construction and installation works are property interests, including the entire list of material, intangible assets enterprises, fixed production assets.

Objects of construction and installation works are subject to insurance coverage:

• new construction, reconstruction, restoration, technical re-equipment;
• buildings, structures, parts of buildings located near the construction site;
• temporary structures with the help of which the construction process is ensured;
• construction equipment, machines, mechanisms, special vehicles used in construction and installation works;
• civil liability in relation to third parties who may be harmed during production activities construction company. The insurance company undertakes to pay compensation to third parties for damage caused by the builders.

Insurance of construction and installation works by the customer

To provide protection long-term investments customers provide construction and installation insurance. Any construction project is expensive in terms of the cost of the work performed, so the customer strives to receive a certain income from the constructed object over a long period of time.

Often government municipal authorities, acting as a customer, provide insurance for construction and installation work according to the construction period.

They thereby reduce the burden on the budget by reimbursing incurred losses from sources that are not government.

The customer has the right to insure objects that are not involved in construction production. For example, it insures buildings, utilities, including equipment that are located in or near the construction area.

Species

In the construction industry, property interests and liability insurance are mainly carried out.

As for the features of construction and installation insurance, the entire procedure is divided according to specifics into all types:

• construction work depending on the construction process, operation;
• installation work depending on the design of load-bearing and enclosing elements.

Insurance for them is carried out separately, the programs are developed taking into account the type of construction processes being performed, production technology, the complexity of installing individual elements into the overall structure, and the mass of structural elements.

The insured when insuring construction work can be:

• customer of construction and installation work in accordance with Article 753 of the Civil Code of the Russian Federation;
• construction companies, general contractors, subcontractors implementing any project for the construction of a building or structure in accordance with the instructions of Article 741 of the Civil Code;
• third parties interested for any reason in concluding a contract, for example, executors of contractual obligations.

Insurance protection is provided from the preparatory stage of construction until the acceptance of the facility or the commissioning of the structure.

As for building materials, they are under insurance protection from the moment they are unloaded at the construction site until they are laid.

The main types of work on the construction of a building or structure are subject to insurance during the middle stage of construction.

This stage of construction includes the construction of the facility along with its finishing, starting from the zero cycle until the completion of construction as a whole.

Simultaneously with the completion of the main stage of work, it becomes possible to extend insurance coverage to the post-commissioning period. It is issued for one calendar year, counted from the date of acceptance of the object.

This may be followed by one of the following coverage methods:

• standard, when the insurance company is responsible for damage caused to the object during maintenance by the insured;
• extended, it is in addition to the standard coverage. It covers losses associated with production errors.

Installation risk insurance is one of the types of construction and installation work insurance. It provides insurance coverage for risks arising during the installation of equipment, assembly metal elements object into a single structure

The insured are the parties who are exposed to risk when performing installation work.

These include:

• manufacturers, suppliers of structures to be installed, subject to the installation work being carried out on their own or taking responsibility for the execution of the work;
• construction and installation companies performing installation work on site;
• creditors investing funds for installation work.

In conclusion, it should be noted that risk insurance in the construction industry is developing at a slow pace. Although construction production is rapidly reviving in the country.

Typically, a construction and installation insurance contract covers a large number of individual risks, the inclusion of each of which in the scope of insurance coverage significantly increases the likelihood of an insured event occurring. Therefore, it is quite understandable that international practice There are no fixed tariffs, and insurance premium rates are set individually for each risk based on the insurance company’s own experience. However, as a guideline for Russian market The insurance premium rates for construction and installation insurance are as follows: for the construction of housing and administrative complexes - 0.2-0.3% of the contract value (for the entire construction period specified in the contract); during construction medical institutions and hotels -- 0.3--0.456; during the construction of engineering and manufacturing industry facilities - 0.35--0.45%; during the construction of oil refining and petrochemical industry facilities - from 0.4%; during construction of an energy facility - from 0.5%.

When insuring construction and installation risks, a deductible is usually applied. Its value for each risk is indicated in the policy.

The sum insured is usually full cost insurance object, including the cost of design, technical documentation and labor. The property in respect of which an insurance contract is concluded is considered insured, as a rule, from the moment it is unloaded at construction site(but not earlier than the date specified in the insurance contract), during the entire period of construction, installation, dry and working tests - until the moment the facility is put into operation, but no later than the date specified in the insurance contract. The relationship between the parties upon the occurrence of an insured event basically corresponds to the provisions in force for other types of insurance. The amount of insurance compensation for lost property is limited to the cost of its replacement or the actual value at the time of the insured event (usually depending on which amount is less).

The insurer has the right to refuse compensation for a loss if the policyholder provided incorrect information to assess the risk, did not notify the insurer about significant changes in the risk, did not report the occurrence of an insured event within the agreed time frame, or prevented the participation of the insurer's representatives in determining the circumstances, nature and amount of the loss, not submitted the documents necessary to establish the loss.

The basis for determining the insured amount is the contract cost of construction and installation work. The basis for its calculation is the estimated cost. Typically, insurance amounts are set as follows:

* for construction work - based on the full design (estimated) cost of construction work upon completion, including the cost of materials, wages, transportation costs, customs duties, fees, as well as the cost of materials and building elements, supplied by the customer;

for installation work - based on the full design (estimated) cost of each insurance object after completion of installation, including transportation costs, customs duties, fees and installation costs;

for equipment - based on the actual cost of construction site equipment or construction machinery and equipment.

The insured amount may include the costs of clearing the area. Their value cannot exceed 2-5% of the insured amount for insurance of construction and installation works.

The principle of underinsurance is extremely rarely used in this type of insurance. In the practice of Western insurers, the contract price is always used as the basis for determining tariff rates. However, it is recognized that some of the components of this price are not at the risk of the insurer, for example, the cost of preparing the project, the cost of insurance. However, on the other hand, the contract price itself does not fully represent the total insurance cost, even during the final stages of construction or when most of the materials are stored on site. Therefore, sometimes the policyholder is interested in increasing the sum insured.

For example, it is proposed to “increase” the insured amount by including the cost of temporary structures. This includes the contractor's warehouses and offices, scaffolding, formwork and support (unless included in the cost of the work), cement mixers, tools and construction equipment that are the responsibility of the contractor and located on the construction site for the purpose of performing the contract. The insured amount may be increased by costs associated with the removal of construction waste. This important point is sometimes ignored when creating insurance coverage. Meanwhile, the removal of construction waste must be carried out before restoration of the damaged part of the facility can begin in the event of an insured event.

It is recommended to include in the insurance contract a special clause under the heading “Increase in the sum insured”, based on an assessment of the maximum possible loss. Typically this is 10% of the cost of structures, depending on the type of construction.

Approximately, the contract is concluded for the period of the planned construction period. What is an insured event? First of all, damage and destruction of objects under construction, equipment, machines, materials and other property located on the construction site, which occurred as a result of fire, accidents, natural disasters, consequences of dry and working tests of the object

Compensation is paid only for unforeseen losses associated with damage or destruction of construction projects and violation of the work schedule. Unforeseen are considered damages that could not be foreseen even if all preventive and protective measures were carried out at a good professional level.

Under the terms of construction risk insurance, the following are indemnified:

direct losses from total loss and damage to the insured property due to broken cables, falling building blocks, electrical failure, negligence of workers, natural disasters, fire, explosion, flooding, soil subsidence and any other unforeseen events within the construction site;

cleaning and salvage costs, i.e. clearing the territory after an insured event, repairing structures and equipment. There is a coverage limit here.

It is possible to expand insurance coverage for risks:

damage caused to construction by the activities of the subcontractor;

transportation of materials and structures;

damage to the environment, etc.

Extending coverage gives the insured the opportunity to compensate for damages for risks not directly related to construction, for example, when transporting materials and structures on ships and by land, due to excessively low pressure when transporting liquids, as a result of fire or explosion, theft, damage pipes containing electrical wiring in case of possible damage to the environment, for example, due to a defect in an oil pipeline.

Exclusions from insurance coverage:

compensation is never paid for construction defects. But if, due to such a defect, damage has occurred for which compensation must be paid, then excess costs to eliminate this defect are deducted from the amount of compensation;

in the absence of a special clause in the contract, the risks of damage occurring as a result of force majeure, interruption or cessation of changes in the riverbed are not covered groundwater during or after completion of construction, normal weather conditions for the area, the use of low-quality building materials and some others.

When liability risks are included in the insurance coverage, the insurance company may not agree to pay compensation upon the occurrence of an insured event and has the right to defend its client in court against unauthorized claims of a third party. The insurer acting in this way accepts additional features to defend legal liability and assumes the risk of legal fees.

According to international standards, an “all risks” insurance contract for contractors is concluded for each individual contract. At the same time, insurers have the opportunity to study the plans and report on the construction site and take into account the characteristics of each risk. However, even this limited insurance control disappears when an annual open policy is issued, the demand for which is increasing.

The annual policy includes special guarantees and offers the following conditions:

Based on the assumed annual cost contracts, a preliminary insurance amount is established. Based on 50% of this amount, the first insurance premium is paid - a deposit, the amount of which can be changed on the basis of the annual declaration of completed contracts.

Insurers must be made aware of the price of contracts and the content of the work before it begins, as well as the maintenance period. Likewise, the performance of each contract should be reported so that insurers have a rough idea of ​​the overall exposure.

This “open” form of policy is only suitable if the work carried out is uniform in nature and, therefore, there is no need to check each contract. It is also common practice to set a cap on the contract price and exclude from coverage risky operations such as the construction of tunnels, bridges, foundations and work with a predominant exposure to water damage.

The construction process consists of the following main stages: design, construction and installation, trial operation and fine-tuning (testing), post-warranty period.

The first phase - design - is not covered by the construction and installation risks insurance policy. But if during the construction process or at subsequent stages an insured event occurs due to errors in the project, then the damage will be compensated by the company that insured the professional liability of the design company.

The insurance contract must indicate the period of construction work: the start and end dates, but the insurer’s liability begins at an agreed point in time, for example, at the time of unloading equipment, materials and semi-finished products onto the construction site, and ends when the facility is put into production operation, if the contract does not provide for another period.

In the insurance of construction works, installation insurance is distinguished, which has its own specifics. Typically, installation work is an element of construction, so most often construction and installation are combined under the single concept of “construction and installation work.” However, insurance for installation work has its own characteristics.

The period of trial operation and fine-tuning includes a trial run and testing in real conditions of all production units. This stage is considered particularly dangerous for insurers and usually lasts for one to two months.

The post-launch warranty period is determined separately for each construction element, indicating the date of complete completion of all work. The warranty period after acceptance of the work by the customer is usually 12 months for construction and installation work and 6 months for the construction of building shells. Insurance coverage for these periods can be provided by drawing up an independent contract or by entering into general agreement type “from all risks” additional condition.

An addition to installation risk insurance is a supply guarantee agreement. This type of insurance is provided in two forms:

separate insurance policy for one machine or installation;

policy - a convention for all machinery and equipment supplied during the contract period.

The “supply guarantee” policy indemnifies direct material damage caused by:

errors and defects in the production process of equipment, which include errors in calculations during design, during manufacturing, defects during casting and defects in materials;

installation errors.

Exclusions from coverage include:

serial defect inherent in the entire batch of manufactured equipment;

errors, defects and defects that the recipient knew about before the occurrence of the insured event;

aesthetic damage that does not reduce the performance of the insured equipment;

* intentional actions or serious fault of the counterparty or policyholder.

Features of concluding and maintaining an insurance contract: the policyholder must first describe all construction work performed by him, indicating their cost, even if part of the work is performed by a subcontractor, all building materials, parts of the structure and auxiliary equipment used. If the contract is concluded for insurance of a construction site, then the costs of auxiliary buildings are included, for example, living quarters for workers, warehouses, garages, etc. For each of these points, the insured amount is determined and the insurance premium is calculated.

The amount of the premium is calculated on the basis of a premium calculation questionnaire drawn up by the insurer and filled out by the policyholder, which takes into account all types of construction work. At the end of the liability period, a recalculation may be made using the adjusted insurance amount.

Depending on various circumstances that are significant for determining the degree of risk, the size of the tariff rate for a specific insurance contract may change based on increasing (from 1 to 5) and decreasing (from 0.2 to 1) coefficients.

The policyholder must notify the insurer of all changes in the assessment of the degree of risk and the insured amount. If the value of these indicators increases, the insurer has the right to demand payment of an additional premium. If the policyholder refuses to pay the premium, the insurer may terminate the contract from the moment new circumstances arise that affect the degree of risk and the increase in the sum insured, returning to the policyholder the amount of premiums for the unexpired period of the contract minus the overhead costs of the insurance company. If for any reason one of the parties intends to terminate the insurance contract, then it must notify the other party of this at least 30 days before the planned date, unless the contract provides for other termination conditions.

insurance construction installation risk

Insurance of construction and installation risks in Russia is currently not very popular. But the construction boom of recent years is still forcing construction firms to increasingly turn to insurers.

Insurance of construction and installation risks: civil aspect

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Insurance of construction and installation risks in Russia at the moment, unfortunately, is not a popular way to protect the interests of participants in construction contracts or the interests of third parties. But the construction boom of recent years and, accordingly, the increase in the number of potential insured events still force construction companies to increasingly turn to this species insurance.

Insurance of construction and installation risks (CEM) is quite widespread in Russia, although it lags significantly behind the level of such insurance in Europe and North America. However, until now, the civil legal aspects of construction and installation insurance contracts have not yet been the subject of a special scientific research.
Construction and installation risks insurance is a special type of comprehensive insurance, usually covering insurance of a facility under construction, the safety of construction equipment and civil liability. construction organizations for harm caused to third parties. In some cases, such an agreement also includes business risk insurance in terms of non-receipt of the expected income. Sometimes insurance is provided for so-called associated risks, for example, construction materials in warehouses serving a specific construction site, vehicles and other special equipment (cranes, bulldozers, etc.), civil liability that may arise from their use.
From the point of view of civil law, a construction and installation agreement is a complex agreement, consisting in fact of several simple contracts insurance of certain types of risks: property insurance contract, civil liability insurance contract and business risk insurance contract. This in turn means extreme complexity legal regulation this type of insurance.

Subject of the construction and installation work agreement
The subject of the contract is a relationship in which one party (the insurer) undertakes for a fee stipulated by the contract ( insurance premium) upon the occurrence of an event (insured event) provided for in the contract, compensate the other party (the policyholder) or another person in whose favor the contract was concluded (the beneficiary) for losses caused as a result of this event in the insured property or losses in connection with other property interests of the policyholder (pay insurance compensation) within the amount specified by the terms of the transaction (sum insured). The construction and installation insurance contract is one of those rare types of insurance contracts, the subject of which can cover all types of property insurance, but, in any case, at least two of these types at the same time.
Property insurance contracts, even those related to construction, as well as liability insurance contracts for a construction organization should be distinguished from construction and installation insurance contracts. A qualifying feature of construction and installation works agreements is always the comprehensive nature of the protection they provide.

Subjects of the construction and installation work agreement
The subjects of such an insurance contract include the policyholder and the insurer.
The insured under construction and installation work contracts can be various legal and individuals. It should be taken into account that in terms of property insurance, the insured may act in the form of general rule, persons who have an insurable interest, that is, an interest in preserving the relevant property based on a law, other legal act or contract. These may be construction organizations carrying out the construction of the facility and its finishing. They may include general contractors and subcontractors, but the latter have the right to insure in their favor only that property that belongs to them by right of ownership or on the basis of an agreement (lease agreement, leasing agreement, gratuitous use). When the construction and installation insurance contract specifies a beneficiary who has an insurable interest in the insured property, then any person has the right to be an insured in this part (Article 930 of the Civil Code of the Russian Federation).
Strictly speaking, there are no formal restrictions regarding the circle of insurers when insuring civil liability of a construction organization, since by virtue of paragraph 1 of Article 931 of the Civil Code of the Russian Federation, under the contract of insurance of the risk of liability for obligations arising from causing harm to the life, health or property of other persons , the risk of liability of the policyholder himself or another person to whom such liability may be assigned can be insured. At the same time, since construction and installation insurance relates to insurance of risks arising during business activities, it is quite obvious that the insured will only be a legal entity that has the right to attribute the costs of paying for insurance services to economically justified costs, that is construction organizations themselves and vehicle owners.
According to paragraph 1 of Article 933 of the Civil Code of the Russian Federation, under a business risk insurance agreement, under the threat of the nullity of this transaction, the business risk of only the policyholder himself can be insured and only in his favor. In other words, when business risk insurance is included in the construction and installation insurance contract, the insured under such a contract as a whole can only be a construction organization as a business entity.
In practice, there are often difficult questions about possible insured under construction and installation insurance contracts. There is an opinion that customers can act as such without any restrictions. This point of view requires further research. The fact is that under an ordinary contract construction contract the risk of accidental destruction or accidental damage to a construction project that is the subject of a construction contract, prior to acceptance of this project by the customer, is borne by the contractor (Clause 1 of Article 741 of the Civil Code of the Russian Federation). In addition, in accordance with paragraph 1 of Article 742 of the Civil Code of the Russian Federation, a construction contract may provide for the obligation of the party that bears the risk of accidental death or accidental damage to the construction project, material, equipment and other property used during construction, or liability for damage during construction construction of damage to other persons, insure the relevant risks. In other words, the legislator also indicates the contractor as a possible insurer. But if the terms of the construction contract provide for the phased acceptance of the construction project by the customer, then in this case he has a direct interest in the safety of the corresponding object. Besides, judicial practice currently removes independent insurable interest from persons who do not bear direct losses in connection with loss or damage to property (see, for example, the precedent given in paragraph 4 of the Review of the practice of resolving disputes related to the execution of insurance contracts (Information letter of the Presidium of the Supreme arbitration court RF dated November 28, 2003 No. 75). Of course, the customer, even if he does not bear the risk of accidental death or damage to the construction project, has an interest in its safety, since the timing of completion of construction work and, accordingly, the timing of receiving income on investments in construction are important to him means. With regard to the safety of materials, equipment and machinery, the situation is less obvious, since all this, if necessary, can be replaced by the contractor quite quickly. The situation is different when it comes to unique equipment (for example, a tunneling shield) or materials (for example, columns or other elements made from solid pieces of granite or marble). Here, the customer has an insurable interest in their safety, since the loss, loss or damage of such equipment or materials can lead to a significant delay in construction time.
Only an insurance company or company that simultaneously has licenses for:
o insurance of property of legal entities, with the exception of vehicles and agricultural insurance (subclause 12, clause 1, article 32.9 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 “On the organization of insurance business in the Russian Federation” (hereinafter Article 32.9 of Law No. 4015-1));
o insurance of civil liability for damage to third parties (subclause 20 of article 32.9 of Law No. 4015-1);
o insurance of business risks (subclause 22 of Article 32.9 of Law No. 4015-1);
o funds insurance ground transport(except for railway transport) (subclause 6 of Article 32.9 of Law No. 4015-1);
o insurance of civil liability of owners vehicles(subclause 14 of Article 32.9 of Law No. 4015-1) or for that part of the listed types of insurance that forms the configuration of a specific insurance contract.
In a construction and installation insurance contract, there are sometimes several insureds at the same time - these are construction organizations that simultaneously carry out construction, installation or finishing work on one site. In such a situation, it is necessary to clearly define in the contract how the distribution will be insurance payments upon the occurrence of an insured event. If the corresponding risks are insured under a coinsurance agreement, then several insurers act simultaneously on the insurer’s side (Article 953 of the Civil Code of the Russian Federation). It should be taken into account that if the contract does not define the rights and obligations of each of the insurers, then they are jointly and severally liable to the insured or beneficiary for the payment of insurance compensation.

Other subjects of the insurance legal relationship when insuring construction and installation work
In construction and installation work insurance contracts there may be beneficiaries in terms of property insurance if the insured is a person who does not have an insurable interest, but carries out insurance in favor of the contractor or customer. The appointment of this subject of the insurance legal relationship depends entirely on the will of the insured. At the same time, in terms of civil liability insurance, beneficiaries are appointed by law - they are always persons who may be harmed (clause 3 of Article 931 of the Civil Code of the Russian Federation).
If the civil liability of another person is insured, then another subject appears as part of the insurance legal relationship - the insured person. Based on the norm of paragraph 1 of Article 955 of the Civil Code of the Russian Federation, the policyholder has the right, unless otherwise provided by the contract, at any time before the occurrence of an insured event to replace the insured person with another, notifying the insurer in writing. The exercise of this right under the construction and installation work insurance contract is possible only if the contractor is replaced. If the contractor remains the same, then the policyholder can only demand termination of the contract in this part, however, there is legal uncertainty here, since the current legislation does not know the institution of termination of part of the contract. At the same time, there is no direct prohibition on this in the law. Therefore, based on general principle modern Russian legal system, by virtue of which everything that is not prohibited is permitted, it can be argued that termination of a contract in a certain part is still possible.

Essential terms of the construction and installation agreement
In addition to the subject of the construction and installation insurance contract, it must necessarily agree on the object of insurance, insurance risks, insured amount and validity period (clause 1 of Article 942 of the Civil Code of the Russian Federation). The object of insurance in the legislation, as is known, is understood as certain property or other property interest. The construction and installation insurance contract must reflect all insurance objects - the property insured under this contract, the interest associated with the risk of civil liability, as well as the interest associated with the fear of not receiving the planned income. It should be especially noted that the description of the property can either include detailed lists of what is insured, or be reduced to an indication that any property of the corresponding type located on the construction site and other territory covered by the insurance policy is subject to protection.
Sometimes in practice the question arises about the possibility of insuring several construction projects located at different addresses under one construction and installation insurance contract. The law does not contain any obstacles to this.
In construction and installation insurance, all known concepts for determining insurance risks are used: insurance against all risks, insurance against named perils, insurance against all risks with certain exceptions, insurance against named perils, except for those arising for reasons that are specifically specified in the contract.
The coverage area for the insured property and the coverage area for the risks of civil liability for causing harm to other persons may not coincide. As for the coverage area for the insured property, it can be either just a construction site, or a construction site and access routes for vehicles and special equipment, or the territory of a construction site, access roads to it, as well as a storage area for building materials and equipment located outside the construction site. It should be borne in mind that if the insured property is damaged or stolen from a territory that is not specified in the policy, for example, some materials were unloaded from the outside of the construction site fence, then this incident cannot be qualified as an insured event.
The parties to the insurance transaction have the right to limit the coverage area for risks of civil liability to specific boundaries, for example, along the perimeter of a construction site, or not to introduce such restrictions. In the latter case, it is simply important to indicate that cases of damage to third parties during work directly related to construction or its maintenance are covered. When the territory of liability risk insurance is limited, this means that the insured event under the insurance contract will only be causing harm to other persons precisely in this territory. If damage is caused in connection with construction work outside the territory specified in the contract, then its compensation is the responsibility of the construction organization itself.
The insured amount under the construction and installation insurance contract as a whole consists of the insured amounts for each of its sections - property insurance, liability insurance and business risk insurance. However, it is impossible to add up the specified insurance amounts, since each of them has its own special nature. At the same time, the insurance amount in terms of insuring the object under construction as property has an extremely important feature - after all, at the beginning of construction there is no insurance object itself, but only building materials. The cost of the object being built is, of course, higher than the cost of materials, since it also includes the cost of work. In addition, this cost will constantly increase. A complex legal problem may arise here - if you indicate the final cost of a standing object as the insured amount, then when an insured event occurs before the completion of construction, the real value of the object at the time of the insured event will be lower than the insured amount, that is, there are grounds to talk about incomplete property insurance. To avoid such a situation, in my opinion, it is advisable to determine the insured amount as the cost of the object under construction at the time of the insured event, but not higher than the final cost of this insurance object.
The insurance amount in terms of insurance against the risk of liability for causing harm to other persons is established by agreement of the parties to the contract; no restrictions on its amount are established in the law.
The insured amount in terms of business risk insurance, as well as when insuring property, should not exceed its actual value (insurable value). For these risks, this value is considered to be the losses that the policyholder could be expected to suffer if the insured event occurred.
Since construction usually takes a long period of time, the parties to an insurance transaction are often interested in determining the insured amount in hard currency. As is known, paragraph 2 of Article 317 of the Civil Code of the Russian Federation allows for the possibility of expressing obligations in currency equivalent, but the contract must clearly indicate that we are talking about an amount equivalent to a certain amount in foreign currency.

Validity period of the construction and installation insurance contract
The validity period of the insurance contract is determined by agreement of the parties to the insurance transaction. It can be equal to the construction period or defined as a calendar period, for example a year.
One of the common mistakes in this type of agreement is to indicate that the moment the agreement enters into force is the moment the construction work begins. However, this option cannot exist. In accordance with paragraph 1 of Article 425 of the Civil Code of the Russian Federation, contracts come into force from the moment of conclusion. For insurance contracts, paragraph 1 of Article 957 of the Civil Code of the Russian Federation introduced another option - insurance contracts, as a general rule, come into force from the moment the policyholder pays the insurance premium or its first installment.
Another typical mistake is to confuse the concepts of “validity of the insurance contract” and “insurance period”. The term of the contract is the period of time between the moment the contract comes into force and the moment of expiration of the period agreed upon by the parties. The insurance period is the period of time during which the insured event may occur. According to paragraph 2 of Article 957 of the Civil Code of the Russian Federation, the beginning of the insurance period may differ from the moment the contract enters into force, but under no circumstances can it go beyond the expiration date of the contract.
In accordance with paragraph 1 of Article 954 of the Civil Code of the Russian Federation, in the construction and installation work insurance contract, as in any other insurance contact, the procedure and deadline for paying the insurance premium must be determined. If the terms of the transaction stipulate payment of the premium in installments, then, by virtue of the norm of paragraph 3 of Article 954 of the Civil Code of the Russian Federation, a provision on early termination an insurance contract at the initiative of the insurer in the event that the policyholder does not pay the next insurance premium on time.

S.V. DEDIKOV, member of the board of the Moscow Reinsurance Company

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Construction risk insurance as part of the construction investment process allows, at all stages from the development of a feasibility study to the commissioning of a facility, not only to compensate the insured for sudden and unforeseen losses that arose during construction, but also to protect capital investments in construction. Insurance allows you to save financial resources by refusing to create reserve funds in case of damage, which allows the contractor to use these funds as working capital. If an insured event occurs, the object can be restored much faster due to compensation from the insurer additional expenses related to urgent delivery of construction materials, equipment and overtime work.

Construction risk insurance is a complex type of insurance, which includes both compensation for damage associated with the loss of building materials, equipment, and other property used in construction (property insurance), and damage to third parties as a result of construction - installation work (liability insurance). Insurance of construction and installation risks is mandatory only if it is specified in federal laws. This is determined by paragraph 2 of Article 927 of the Civil Code of the Russian Federation “Voluntary and compulsory insurance” and paragraph 4 of Article 935 of the Civil Code of the Russian Federation “ Compulsory insurance" Currently, only liability insurance for construction organizations is provided for by law.

In accordance with paragraph 1 of Article 9 and paragraph 1 of Article 15 Federal Law dated July 21, 1997 No. 116-FZ “On the industrial safety of hazardous production facilities” (hereinafter referred to as Law No. 116-FZ) an organization operating a hazardous production facility, is obliged to insure its liability. The latter include the objects listed in Appendix 1 to this law (clause 1 of Article 2 of Law No. 116-FZ). In particular, such objects include construction sites where installed lifting mechanisms and escalators are used (clause 3 of Appendix 1).

Often the obligation to insure construction and installation risks is stipulated in the construction contract. Article 742 of the Civil Code of the Russian Federation provides for insurance of a construction project. This article provides for the obligation of the party that bears the risk of accidental death or accidental damage to the construction project, material, equipment and other property used during construction, or liability for causing harm to other persons during construction, to insure the corresponding risks. In other words, the insurers are contractors or subcontractors.

The party charged with insurance must provide the other party with evidence that it has concluded an insurance contract on the terms and conditions provided for in the construction contract, including information about the insurer, the amount of the insured amount and the insured risks. Please note that insurance does not relieve the relevant party from the obligation to take the necessary measures to prevent the occurrence of an insured event.

Unless otherwise provided Civil Code of the Russian Federation, other laws or a construction contract, the risk of accidental loss or accidental damage to materials, equipment, and other property used during construction is borne by the party that provided them; the risk of accidental loss or accidental damage to the result of the work performed before its acceptance by the customer is borne by the contractor. This is indicated by Article 705 of the Civil Code of the Russian Federation. If, before its acceptance by the customer, the construction project is destroyed or damaged as a result of the customer providing low-quality material, equipment, or instructions on the method of performing the work, then the contractor has the right to demand payment of the entire cost of the work provided for in the estimate. In this case, the contractor must fulfill the obligations provided for in Article 716 of the Civil Code of the Russian Federation.

Based on Article 716 of the Civil Code of the Russian Federation, the contractor is obliged to immediately warn the customer and, until receiving instructions from him, to suspend work if he discovers:

· unsuitability or poor quality of the material, equipment, technical documentation provided by the customer or the item transferred for processing (processing);

· possible adverse consequences for the customer of following his instructions on the method of performing the work;

· other circumstances beyond the control of the contractor that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.

The customer can act as an insured when insuring property transferred to the contractor that is the property of the customer, for example, equipment.

The insurance coverage provided for in the insurance contract extends to the territory specified in the insurance contract, usually a construction site. The insurance contract, subject to payment of the insurance premium, begins immediately after the start of work or after unloading the insured objects at the construction site, but not earlier than the date specified in the insurance contract. The insurance contract is terminated for those insured objects that are accepted or put into operation from the moment of signing the acceptance certificate for the completed construction of the object. This provision applies in all cases, except where a special agreement has been concluded to insure post-launch warranty obligations.

Policyholder

Construction risk insurance refers to property insurance. The object of insurance is the protection of construction participants who are associated with the risk of accidental death or damage to construction projects, equipment, materials and other property, as well as liability for causing harm to other persons during the construction process.

The risk of accidental death or accidental damage to property is borne by its owner, unless otherwise provided by the contract (Article 211 of the Civil Code of the Russian Federation). Article 741 of the Civil Code of the Russian Federation states that until the moment of acceptance of the construction project by the customer, the risk of accidental death or accidental damage to the construction project is borne by the contractor.

Consequently, the main risk of death or damage to the construction project is still borne by the contractor. This is due to the fact that the contractor takes responsibility for the final result of the work, performing it at his own “peril and risk”. We conclude that until the customer accepts the work, he bears the risks of performing the contract: he bears all the property consequences of the loss or damage (spoilage) of the contract item being manufactured or ready for delivery, or the impossibility of performing the contract. The contractor's risk is that he does not have the right to demand remuneration from the customer for the work that was completed by the time the subject of the contract was destroyed or damaged, or which became impossible to complete.

Therefore, the contractor tries to insure possible risks related to construction site. In some cases, the obligation to conclude such a contract is expressly stated in the construction contract (clause 1 of Article 742 of the Civil Code of the Russian Federation). In this case, the contractor must provide the customer with evidence that he has entered into a contract on the terms stipulated in the contract. This evidence must contain information about the insurer, amounts insured, and insured risks. Insurance can be provided against such risks as:

Fire, explosion, lightning strike;

Tornado, hurricane, storm, typhoon;

Snow avalanches, mudflows;

Flood, high water, rain;

Collapse, landslide, soil subsidence, flooding with groundwater;

Earthquake;

Illegal actions of third parties, burglary, robbery;

Failure of utility networks (water supply, sewerage, heat supply, electricity supply);

Installation errors;

Collapse or damage to an object, including collapsing or falling parts.

The insurance contract may provide that the insurer reimburses the policyholder for the costs of clearing the construction site for construction work. There are cases when the damage caused is not always compensated:

Intentional actions or gross negligence of the policyholder, its representatives or employees;

Damage to property or its destruction during the period of complete or partial cessation of work;

Any kind of military action and its consequences;

Terrorist attack, civil unrest, riot, strike;

Exposure to nuclear energy expressed in any form.

If the contractor discovers unsuitable or substandard materials or equipment, he is obliged, by virtue of the provisions of Article 716 of the Civil Code of the Russian Federation, to inform the customer about this. Construction work must be suspended until instructions from the customer are received.

Object of insurance

The contract is concluded to insure the insured object against damage and destruction. The object of insurance is the property interests of a person associated with the ownership, disposal, and use of property that is the subject of construction and installation work.

You can insure:

· construction work (facilities under construction, other property that is the subject of construction work);

· installation work, including mounted equipment, installation tools, materials provided by the customer; construction site equipment, construction machinery, equipment, various mechanisms used in construction and installation work.

Sum insured

Sum insured is the amount within which insurance organization undertakes to pay insurance compensation.

The amount of the insured amount depends on the actual cost of construction and installation work, according to the design and estimate documentation.

The size of the insurance premium (insurance fee) depends on the size of the sum insured. The choice of tariff is influenced by the specific type of risk.

Depending on the degree of risk, the insurer may apply decreasing or increasing coefficients.

Insurance payment

The amount of damage is determined by the insurer by conducting an examination based on the value of the damaged property at the time of the insured event. The examination may be carried out at the expense of the insurer.

Insurance compensation is paid in an amount not exceeding the direct damage caused to the construction and installation works and the insured equipment of the construction site.

The amount of damage is determined:

In case of theft of insured property - in the amount of its value at the time of the insured event minus depreciation;

In the event of the loss of the insured property - in the amount of its value at the time of the insured event minus the value of existing remains suitable for further use;

In case of damage to the insured property - in the amount of the cost of restoring it to the condition that was before the occurrence of the insured event.

Typically, insurance companies do not compensate for damage resulting from:

Damage or loss of insured property during the period of complete or partial cessation of work;

Failure by the policyholder to comply with instructions, design errors;

Damage directly caused by constant exposure to operational factors;

Submitting claims to the insured for compensation of penalties as a result of poor-quality or untimely performance of construction and installation work, termination or non-fulfillment of contracts;

Death, destruction, damage to plans, drawings, photographs, securities, money;

Accounting and other documents;

Bodily injury, illness, or death of employees of the insured or another organization engaged in construction and installation work;

Damage that existed at the time of concluding the insurance contract and was known to the policyholder or his representatives.

Validity of the insurance contract

Insurance coverage provided for in the insurance contract applies to the territory specified in the insurance contract, usually this territory is a construction site.

The insurance contract, subject to payment of the insurance premium, begins immediately after the start of work or after unloading the insured objects at the construction site, but not earlier than the date specified in the insurance contract.

The insurance contract is terminated for those insured objects that are accepted or put into operation from the moment of signing the acceptance certificate for the completed construction of the object. This provision applies in all cases. Except where a special post-launch warranty insurance agreement has been entered into.

You can find out more about issues related to accounting and taxation of construction organizations in the book “Construction” by the authors of BKR-INTERCOM-AUDIT JSC.

More details with questions regarding order accounting and taxation of expenses under contracts voluntary insurance, You can read the book by the authors of BKR-INTERCOM-AUDIT JSC “Voluntary insurance as an expense”.