When a New York-based contractor accepts a project in neighboring New Jersey, several complexities arise, especially concerning workers’ compensation insurance. Consider a scenario where a contractor, whose workers’ compensation policy lists only New York under Item 3A of the policy declaration page, undertakes a short-term project in New Jersey. The contractor employs workers, some residing in New Jersey. If a New Jersey-based worker sustains a serious injury on the job and is hospitalized in New Jersey, several critical questions emerge:

1. Which state’s laws govern the workers’ compensation claim?
2. If New Jersey’s benefits are more generous than New York’s, is the contractor liable for the difference if the policy covers only New York laws?
3. How can the contractor ensure proper coverage for future out-of-state projects?

Determining Applicable State Laws for the Claim

Workers’ compensation laws are state-specific, and coverage is typically determined by factors such as the state where the injury occurred, the state of employment, and the terms outlined in the insurance policy. In this scenario:

• Location of Injury: The injury occurred in New Jersey, making New Jersey’s workers’ compensation laws relevant.
• Employee Residency: The injured worker resides in New Jersey, further connecting the claim to New Jersey.
• Policy Coverage: The contractor’s policy lists only New York under Item 3A, indicating primary coverage for injuries occurring within New York.

Given these factors, there’s a strong possibility that New Jersey’s workers’ compensation laws would apply to the claim.

Liability for Differences in Benefits

If New Jersey’s workers’ compensation benefits are more generous than those in New York, and the contractor’s policy covers only New York, complications can arise:

• Policy Limitations: A policy listing only New York may not fully cover benefits mandated by New Jersey law.
• Potential Gaps: The contractor could be held responsible for any shortfall between what the New York policy covers and what New Jersey law requires.

This situation underscores the importance of ensuring that workers’ compensation policies are appropriately structured to cover out-of-state work.

Ensuring Proper Coverage for Future Projects

To prevent such issues in future out-of-state projects, contractors should:

1. Policy Review and Adjustment:
   1. Include Other States Endorsement: Ensure the policy includes an “Other States” endorsement, listing states where work is anticipated. This endorsement can provide automatic coverage for incidental exposures in states not specifically listed in Item 3A.
   1. Add Specific States to Item 3A: For projects in states with stringent workers’ compensation requirements, like New Jersey, it’s advisable to list the state explicitly in Item 3A to guarantee full statutory coverage.
2. Consult with Insurance Specialists:
   1. Seek Expertise: Engage with insurance professionals who specialize in multi-state workers’ compensation to navigate the complexities of varying state laws and ensure comprehensive coverage.

BGES Group: Workers’ Compensation Insurance Specialists in the Tri-State Area

For contractors operating in the tri-state area, partnering with knowledgeable insurance specialists is crucial. BGES Group stands out as a leading provider of workers’ compensation insurance solutions tailored to the unique needs of contractors in New York, New Jersey, and Connecticut.

About BGES Group

BGES Group offers one-stop shopping for all construction insurance needs, with a particular focus on workers’ compensation across various industries. They represent top-tier programs and specialize in delivering prompt, effective solutions. Clients benefit from personalized service, leveraging over 44 years of industry experience.

Services Offered:

• Comprehensive Insurance Programs: Access to a wide range of coverage options tailored to the construction industry.
• Policy Audits: Review of past workers’ compensation policies to identify errors and secure potential refunds.
• Risk Management: Assistance with screening subcontractors’ insurance, contract reviews, and risk transfer strategies.

Client Testimonials:

Clients consistently praise BGES Group for their responsiveness and expertise. For instance, Mike from BAC Construction notes, “Whenever we need anything we get it in minutes. Whenever we have questions we get the president on the phone within seconds and he has tremendous knowledge.”

Contact Information:

• Owner: Gary Wallach
• Phone: (914) 806-5853
• Email: bgesgroup@gmail.com
• Website: https://bgesgroup.com

By collaborating with specialists like BGES Group, contractors can ensure they have the appropriate workers’ compensation coverage, mitigating risks associated with out-of-state projects and safeguarding their businesses against potential liabilities.

A seismic shift is about to hit the New York construction insurance market. A major insurance company has announced it will be non-renewing all of its contractor accounts starting April 1, 2025. This decision will leave countless contractors scrambling to find replacement coverage, potentially putting their businesses at risk. If you are a contractor affected by this decision, don’t panic—BGES Group, a leading expert in construction insurance, is here to help.

What Coverages Does BGES Group Offer?

At BGES Group, we understand the unique risks that contractors face daily. That’s why we offer comprehensive insurance solutions tailored to the construction industry, including:

1. Building & Contents Insurance – Protects your office, warehouse, and storage facilities from damage due to fire, theft, vandalism, and natural disasters.
2. Employer Equipment Coverage – Ensures that company-owned machinery and equipment remain covered against theft, damage, or breakdown.
3. Employee Tools Insurance – Covers employee-owned tools essential to job site productivity.
4. Commercial General Liability – Shields your business from liability claims related to bodily injury, property damage, and legal fees.
5. Excess Liability Insurance – Provides additional layers of coverage beyond standard policies to protect against high-cost claims.
6. Worker’s Compensation Insurance – Required coverage that ensures injured employees receive medical care and wage replacement.
7. NYS Disability Insurance – Provides benefits to employees who suffer off-the-job injuries or illnesses.
8. Business Auto Insurance – Protects company-owned vehicles used for business operations.
9. Bid & Performance Bonds – Guarantees job completion and adherence to contract terms, helping you win more projects.
10. Group Health Insurance – Provides cost-effective health coverage for employees, keeping them protected and satisfied.

Why Contractors Should Turn to BGES Group

When facing an unexpected insurance policy non-renewal, you need a provider that acts fast, understands your industry, and has a proven track record of delivering tailored coverage solutions. Here’s why BGES Group is the right choice for you:

1. Personalized, Boutique-Style Service

Unlike large, impersonal agencies, BGES Group operates like a mom-and-pop business. We provide boutique-style service where every client is treated like a priority.

2. Direct Access to Account Executives

You won’t be stuck navigating endless phone menus or speaking with multiple representatives. At BGES Group, you will deal directly with a knowledgeable account executive who understands your needs.

3. 24/7 Availability

Emergencies don’t wait for business hours, and neither do we. Our team is available day and night, Monday through Sunday, to assist you.

4. Expertise in Construction Insurance

With years of experience in insuring contractors, we know exactly what policies and coverages your business needs to remain protected and compliant.

5. Fast and Efficient Policy Replacement

We understand that losing coverage can disrupt business operations. That’s why we work quickly to replace your policy with minimal hassle, ensuring uninterrupted protection.

6. Competitive Rates

We work with multiple insurance carriers to find you the best possible coverage at the most competitive price.

7. Superior Claims Assistance

If you need to file a claim, we guide you through the process to ensure a quick and fair resolution.

8. Trusted by Contractors Statewide

Our reputation speaks for itself—contractors across the state trust BGES Group for their insurance needs.

9. Custom-Tailored Policies

We don’t believe in one-size-fits-all solutions. Our policies are customized to fit your specific risks and business model.

10. Peace of Mind

With BGES Group handling your insurance, you can focus on running your business instead of worrying about gaps in coverage.

Act Now Before It’s Too Late

The clock is ticking. With this major insurance company pulling out of the contractor market, many businesses will be left scrambling for coverage. Don’t wait until it’s too late—secure your business’s future by partnering with BGES Group today. Our team is standing by to provide you with the protection and peace of mind you deserve.

Call us anytime—day or night—Monday through Sunday. We are always available to help!

BGES Group is one of New York, New Jersey, and Connecticut’s Construction Insurance Specialists representing 50+ companies, including all the BEST general & umbrella liability programs. We offer all the coverage needed, including property, builders’ risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability, and group health.  Our commitment to you goes beyond the policies we provide. We are always just a call, text, or email away, ready to assist you, even on weekends. We understand the importance of your business and are here to help you navigate any insurance challenges.

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being canceled, losses causing difficulty getting coverage, in the middle of an audit dispute, misclassified payrolls, or whatever your issue. We can help!  We have special programs for Auto Services, Contractors (especially in New York), Limousine Services, Logistics Companies, Manufacturers, Recyclers, and Truckers; we can help ANY tri-state business owner. We are considered “Preferred Agents” for this one program that, if we can get you into, their pricing is excellent, offers long-term coverage stability, and can cover multi-state operations. The program takes the hassle out of doing annual audits, too. 

If you want to speak with us, call Gary Wallach at 914-806-5853, click here to email, or visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

email: bgesgroup@gmail.com

website: http://www.bgesgroup.com

In the highly regulated and scrutinized world of New York construction, contractors often find themselves in difficult situations when their general liability and excess liability policies fail to meet the stringent insurance requirements imposed by general contractors (GCs) or building owners. These requirements are typically enforced through third-party screening services that scrutinize coverage details and exclusions, often rejecting policies that do not meet their standards.

This article explores what contractors can do when they face such challenges and how they can ensure compliance with screening company requirements.

Understanding the Common Insurance Gaps

Many contractors assume that having a general liability policy is enough to satisfy contractual obligations, only to discover that their policy contains exclusions or conditions that make it unacceptable to a building owner’s risk management team. Here are some of the most common issues that can cause rejection:

1. Independent Contractor Hard Hammer Clause – This clause can stipulate that if a contractor uses subcontractors (subs) who do not carry specified insurance limits and coverage, the primary contractor may have no coverage under their own policy.
2. Temporary or Leased Employee Exclusions – Many policies exclude coverage for injuries sustained by temporary or leased workers, creating a significant coverage gap for contractors who rely on labor staffing firms.
3. Action Over Exclusions – These exclusions bar coverage for claims made by injured workers who file third-party actions against building owners or GCs, making the policy non-compliant with many owner requirements.
4. Primary and Non-Contributory Wording – Some policies lack the specific language required to confirm that the insured’s coverage is primary and non-contributory, leading to rejection by screening services.
5. Waiver of Subrogation Issues – Building owners and GCs often require that a contractor’s policy includes a waiver of subrogation in favor of the project’s stakeholders, preventing the insurer from seeking recovery from them in the event of a claim.
6. Excess Liability Policy Compliance – Some screening services require that excess liability policies follow form, meaning they must provide coverage consistent with the underlying general liability policy.

Steps New York Contractors Can Take to Comply

If a contractor discovers that their policy does not meet the requirements imposed by a GC or building owner, they have several options to resolve the issue:

1. Work with an Experienced Insurance Broker

An insurance broker who specializes in New York construction insurance can identify gaps in coverage and help secure a policy that meets all necessary requirements. Brokers with experience in the industry, such as BGES Group, have relationships with carriers that offer policies specifically designed to address these compliance issues.

2. Request Policy Endorsements

In many cases, coverage gaps can be addressed by adding endorsements to an existing policy. For example:

• A hard hammer clause may be modified to provide more flexibility for contractors who do not hire subs.
• Temporary worker exclusions may be removed through negotiation with the insurer.
• Action-over exclusions may be eliminated or adjusted to provide the necessary coverage.

3. Explore Alternative Insurance Carriers

Some insurance carriers simply do not offer the flexibility that New York contractors need. If an insurer refuses to modify a policy to meet compliance requirements, switching to a different carrier that specializes in construction insurance may be the best solution.

4. Obtain a Standalone Excess Liability Policy

If an excess liability policy does not meet a building owner’s requirements, a contractor can consider purchasing a standalone excess policy that aligns with the underlying coverage. This can help ensure compliance with contractual obligations.

5. Obtain a Labor Law-Compliant Policy

New York’s Labor Laws place strict liability on contractors and property owners for worker injuries. Ensuring that a liability policy explicitly covers these risks—without broad exclusions—can help contractors avoid compliance issues.

6. Maintain Proper Documentation for Screening Services

Sometimes, screening service rejections result from documentation errors or misunderstandings rather than actual coverage deficiencies. Contractors should ensure they provide clear, accurate Certificates of Insurance (COIs) and additional insured endorsements that explicitly state compliance with contractual requirements.

7. Consider Purchasing a Wrap-Up Policy

If a contractor is working on a larger project, they may be able to participate in a Contractor Controlled Insurance Program (CCIP) or Owner Controlled Insurance Program (OCIP). These wrap-up policies provide coverage for all contractors and subcontractors on a project, ensuring compliance with insurance requirements.

The Role of BGES Group in Helping Contractors Secure the Right Coverage

BGES Group is one of New York’s leading construction insurance specialists, helping contractors navigate the complex world of liability insurance requirements. With a deep understanding of the industry’s challenges, BGES Group provides solutions tailored to each contractor’s unique needs.

• Custom Insurance Solutions: We work with multiple insurance carriers to find the right coverage that meets compliance standards while remaining cost-effective.
• Policy Review & Gap Analysis: Our experts review existing policies to identify exclusions and limitations that could cause compliance issues.
• Endorsement Negotiation: We negotiate with insurers to secure the necessary policy modifications.
• Expedited Compliance Assistance: We help contractors quickly obtain the proper documentation needed to satisfy screening service requirements.

Contact BGES Group Today

If you are a New York contractor struggling with insurance compliance issues, BGES Group can help. Contact us today to discuss your insurance needs and get a policy that meets your general contractor’s or building owner’s requirements.

BGES Group
Website: www.bgesgroup.com
Phone: (914) 806-5853 – Gary Wallach
Email: info@bgesgroup.com

Don’t let insurance gaps put your business at risk—partner with BGES Group to secure the right coverage and keep your projects moving forward!

Being a contractor is tough work. Long hours, heavy lifting, and dealing with clients who swear they can get the job done faster by watching a few YouTube videos. So, when contractors finally step through the door at home, they have a few simple wishes—nothing too extravagant, just enough to remind them why they endure the daily grind. Here are the ten things every contractor secretly hopes for when they get home from work.

1. A Meal That Didn’t Come in a Wrapper After a day of inhaling sawdust and grabbing lunch from the nearest gas station, a home-cooked meal feels like fine dining. It doesn’t have to be fancy—just something that didn’t require a microwave or a drive-thru. Bonus points if it’s hot and served on an actual plate instead of a takeout container.

2. Five Minutes Without a Question They’ve been fielding questions all day—”How long will this take?”, “Is that supposed to look like that?”, “Why is my cousin’s neighbor’s uncle saying you’re doing it wrong?” When they get home, all they ask for is five minutes of silence before the next round of inquiries begins.

3. A Shower That Doesn’t Feel Like a Second Job Washing off a day’s worth of sweat, dust, and who-knows-what-else should be refreshing, not another task. If the soap actually lathers and the water pressure doesn’t mimic a light drizzle, that’s a win. If they don’t have to share the shower with a collection of shampoo bottles, even better.

4. A “No Ladder” Policy After 6 PM The last thing they want to hear after climbing up and down ladders all day is, “While you’re up, can you change that lightbulb?” or “Can you grab that box from the attic?” They’ve already risked life and limb enough for one day—let’s keep both feet on the ground at home.

5. A Couch That Welcomes Them Like an Old Friend There’s no feeling quite like collapsing onto the couch after a long day. All they ask is for a few minutes of uninterrupted lounging before being asked to move over, adjust a pillow, or retrieve something from another room. Let them become one with the cushions for a little while.

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ATTENTION CONTRACTORS!

Are workers’ compensation audits giving you nightmares? BGES Group offers a workers’ compensation program for contractors in New York, New Jersey, and Connecticut that can minimize, and even eliminate, the need for annual audits. If your current program is causing you headaches, call Gary Wallach at BGES Group today at 914-806-5853.

We also have an associate who can help contractors in other states! Don’t let audits slow you down—get in touch today.

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6. A Remote That’s Theirs for the Evening After a day of power tools and loud machinery, contractors dream of flipping through channels without a debate. Whether it’s sports, a mindless sitcom, or a show about other people doing construction (but somehow getting it wrong), they just want control—just for one night.

7. No DIY Requests for 24 Hours Just because they build things for a living doesn’t mean they want to spend their free time doing it too. The moment they walk in, they don’t want to hear, “I was thinking we should knock down that wall.” Let them rest before springing a new home improvement project on them.

8. A Bed That Feels Like a Cloud (Without Any Surprise Pets) They’ve been on their feet all day, so their bed should feel like heaven. No surprise visits from the dog, cat, or kids kicking them in the ribs at 3 AM. Just a solid night’s sleep without feeling like they’re sharing the mattress with a zoo.

9. A “Thank You” Goes a Long Way They work hard, and sometimes all they want is a little appreciation. A simple “thanks for everything you do” or “I know you work really hard for us” can go a long way. It’s amazing how far a little gratitude can go in keeping a contractor happy.

10. A Reminder That Home is Their Safe Zone At the end of the day, what matters most is coming home to a place where they feel loved and appreciated. Work can be stressful, but home should be a place to unwind, recharge, and enjoy the company of family. That’s the best wish of all.

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About BGES Group

BGES Group is a team of workers’ compensation insurance specialists, dedicated to helping contractors and businesses find the best coverage at competitive rates. With extensive experience in the industry, we understand the unique challenges contractors face when it comes to workers’ compensation. Our specialized programs help minimize audits, reduce costs, and ensure compliance, so you can focus on what you do best—building and running your business.

If you’re looking for expert guidance and a hassle-free workers’ comp solution, we’re here to help!

Contact Information

• Contact: Gary Wallach
• Phone: 914-806-5853
• Email: bgesgroup@gmail.com
• Website: bgesgroup.com

Because when it comes to protecting your business, experience matters!