From design to construction and sales, a real estate developer bears the ultimate responsibility for every aspect of a project. The architects, engineers, contractors, property managers and real estate brokers all face specific professional liability risks stemming from their own work, but the developer may be exposed to all of them. Legal actions targeting any service provider on a project are very likely to name the developer too. For instance, a family member of an employee killed while working for a general contractor might sue the developer as well, or a condominium owner may bring a claim against the developer for an architect’s design error.

The property market continues to change amid decreased capacity and increased caution among carriers. There is little capacity left among many Lloyds syndicates, and domestic markets are more selective overall—particularly on tougher classes of business. While the first quarter of 2020 may bring some relief on capacity, insureds should expect increased rates, higher deductibles and greater scrutiny from underwriters. Valuations are particularly important along with better data on construction, especially for roofs. In this transitioning market, experienced brokers show their worth in finding the best solutions for clients.

The construction industry has seen significant growth over the last several years. However, emerging trends such as large rate increases and reductions in excess capacity are posing challenges for construction insureds as the insurance market hardens. An increase in high-value claim payments and settlements, labor shortages, and more careful deployment of underwriting capacity are all factors adding difficulty to the state of the market across the country.

Do-overs can be good after making a mistake, but for construction contractors, there are a lot of downsides to redoing work. “Ripping and tearing out” construction materials after identifying an error can be costly, delay the completion of a project and damage the contractor’s business relationships. Even worse is the unpleasant discovery that such rework may not be covered by the contractor’s professional liability policy.

From the Empire State Building to the Freedom Tower and the Hudson Yards project, New York’s construction industry has earned a global reputation for innovation. That vibrant spirit, however, has been dampened by a unique labor law dating back to the 1880s governing falls at construction sites. Commonly referred to as the New York’s Scaffold Law, this section of the Labor Law has driven overall construction costs higher, sent insurance premiums soaring above levels for other states, and led some major carriers to leave the market altogether. Those challenges make it imperative to work with brokers specializing in this complex and constantly changing market.