In the high-risk world of construction, having a properly structured Builder’s Risk insurance policy isn’t optional — it’s essential. For New York contractors, navigating the nuances of these policies can be especially challenging given the state’s strict insurance requirements and unique risk exposures. An improperly written or incomplete policy can leave contractors exposed to devastating financial losses.
This article will break down the 10 most important coverages, exclusions, conditions, and restrictions that every New York contractor should be aware of in their Builder’s Risk policy. We’ll also explain the two common ways to structure payment for these policies. And if you’re looking for expert guidance, we’ll introduce you to a trusted resource for construction insurance in the Tri-State area.
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🔨 Top 10 Crucial Builder’s Risk Coverages, Exclusions & Conditions for NY Contractors
1️⃣ Coverage for Property Under Construction
At its core, a Builder’s Risk policy must cover the building or structure under construction, including materials, supplies, and equipment on-site. Ensure the policy includes coverage for property while in transit and temporary storage off-site. Many claims are denied when materials en route to a job site aren’t properly covered — don’t overlook this.
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2️⃣ Soft Costs Coverage
Soft costs refer to expenses like architect fees, permit fees, real estate taxes, loan interest, and advertising costs that continue to accrue or increase due to a project delay caused by a covered claim. Many contractors mistakenly assume these are automatically covered — they’re not unless specifically endorsed onto the policy.
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3️⃣ Debris Removal & Pollution Clean-Up
Construction losses rarely involve only the repair of damaged property. Demolition and debris removal can be incredibly costly. Your policy should have an adequate debris removal sub-limit and include pollution clean-up expenses in the event of a covered peril causing contaminant discharge. Always check sub-limits here — some carriers restrict this to low amounts unless increased by endorsement.
4️⃣ Ordinance or Law Coverage
New York’s strict building codes can turn a simple loss into a regulatory nightmare. Ordinance or Law coverage ensures you have funds to cover demolition of undamaged portions of the building, increased costs due to code upgrades, and debris removal. Without this, a covered claim could leave you owing thousands for work required by updated codes.
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5️⃣ Theft of Materials
One of the most common construction losses is the theft of building materials from a job site. Surprisingly, many Builder’s Risk policies either exclude theft entirely or limit it to forced entry situations. Make sure your policy specifically includes theft of materials from both the site and while in transit or stored off-site.
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6️⃣ Exclusion for Employee Theft
While most policies cover theft by third parties, theft by employees is often excluded. If your crew or subcontractors have access to valuable materials or equipment, consider adding an endorsement to cover employee theft or purchasing a separate Crime policy.
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7️⃣ Delay in Completion Coverage
Delays due to covered property damage can cause serious financial problems if contractual penalties, lost rents, or lost business income are involved. Delay in Completion coverage (often an endorsement) reimburses for lost income, rents, and extra expenses incurred due to construction delays stemming from a covered claim.
8️⃣ Subcontractor Insurance Requirements
Many Builder’s Risk policies include conditions requiring that all subcontractors maintain certain insurance limits (e.g., General Liability, Workers’ Compensation). Failure to enforce these can jeopardize your own coverage. Know your policy’s subcontractor insurance provisions and enforce them.
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9️⃣ Permission to Occupy / Partial Occupancy
Construction projects are sometimes partially occupied before final completion. Most Builder’s Risk policies either terminate coverage or severely limit it once occupancy begins unless you notify the carrier and receive permission in writing. Confirm your policy includes a “Permission to Occupy” endorsement if this might occur.
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🔟 Exclusion for Defective Workmanship
Virtually all Builder’s Risk policies exclude losses due to faulty workmanship, materials, or design. However, consequential damage resulting from these defects (like water damage from improperly installed roofing) may still be covered. Understand the extent of your workmanship exclusion and consider supplementing coverage with Contractor’s E&O or Faulty Workmanship endorsements where available.
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💵 Two Ways to Structure Payment for Builder’s Risk Policies
Most Builder’s Risk policies in New York are structured as either:
1️⃣ One-Time, Upfront Payment
This is the most common method for ground-up construction projects. The contractor or project owner pays the entire premium for the term of the policy (typically 6, 9, or 12 months) before coverage begins. The advantage is simplicity and usually a slight cost saving compared to installment options.
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2️⃣ Monthly Reporting Form
Ideal for contractors who build multiple projects throughout the year. You pay a deposit premium and then report monthly the total completed value of your projects, with the premium adjusted based on those reports. This keeps cash flow manageable and ensures you only pay for coverage when projects are active.
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👷 Why Work with BGES Group: Construction Insurance Specialists
Navigating the complexities of Builder’s Risk insurance — especially in New York — requires expertise. That’s where BGES Group comes in. We specialize in insurance for contractors, developers, and construction professionals in the Tri-State area, including New York City, Long Island, Westchester, New Jersey, and Connecticut.
BGES Group has deep knowledge of:
• Builder’s Risk
• Commercial General Liability
• Excess Liability
• Workers’ Compensation
• Contractor Equipment Insurance
• And more.
We work with the top insurance carriers for construction coverage and can tailor policies to fit your project’s unique risks. Whether you’re building a single-family home, a commercial high-rise, or a multi-unit development, BGES Group ensures your policies are complete, compliant, and competitively priced.
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📞 Contact BGES Group Today
BGES Group
Construction Insurance Specialists
📱 Gary Wallach
📞 914-806-5853
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✅ In Summary
A properly structured Builder’s Risk policy is one of the smartest investments a contractor can make. From soft costs to theft, ordinance coverage to subcontractor requirements, understanding your policy’s inclusions, exclusions, and restrictions can mean the difference between surviving a loss and going out of business.
Don’t leave your livelihood to chance. Contact BGES Group today and let us help you build a policy as solid as the structures you create.