Warranties come in all shapes and sizes and if you are looking for something besides the "traditional" new home warranty, RWC's Customized State Warranty (CSW)* is the answer! This warranty is the most unique and specialized new home warranty program in the industry. Each customized warranty is crafted specifically to meet each state’s statutes regarding new home warranties. The Builder’s liability is limited and individual state requirements for coverage are included, as applicable. RWC’s insurer covers warranted structural failures from day 1 throughout the entire warranty term.

For more information visit rwclive.wpengine.com and click "Warranties - State by State" under the Builder tab. You may also email sales@rwcwarranty.com or call 800-247-1812 x2149.

*Not available in AK, CO, HI, NJ & TX

Why do bad things seem to happen most on Monday mornings? We even call it “Blue Monday.” Take the builder, for example, who wasn’t named Additional Insured on his exterior painter’s general liability policy.

Our builder came to work one fine Monday morning to discover a voice-mail. His painter had over-sprayed a dozen parked cars in a lot across the street from his three-story townhouse project that was nearing completion. It happened on Saturday, which was windy. Too windy for spray painting three floors up. The cars belong to a pre-owned Corvette dealership. Each Corvette is worth an average $40,000. The estimated cost to re-paint all twelve is over $104,000. The painter admitted he’d messed up big time and lamely explained rain was forecast for the next four days, so he decided to “make hay while the sun shined.”

Our builder’s subcontractor was obviously at fault. Our builder had no part in this loss. When he hired the painter he expected he was dealing with a professional who knew his job. Yet our builder’s general liability policy, not the painter’s, is going to pay the claim. Our builder’s insurance company, not the painter’s, is going to defend him in the lawsuit soon to be filed by the Corvette dealership. They are claiming loss of market value now that they have to disclose to customers that their inventory had been damaged. This is going to get ugly and consume large amounts of our builder’s time. His insurance company may not renew his policy. Why? Simply because our builder was not named Additional Insured on the painter’s policy. So, what’s so important about being named Additional Insured anyway?

When you require your subcontractors to list you as Additional Insured on their general liability policies, you become entitled to insurance coverage benefits under their policies. Additional Insured status is most often used in connection with an indemnification agreement, also known as a hold-harmless clause. Hold harmless clauses are common in properly executed contracts between you and your subcontractors.* Under a hold-harmless, your subcontractors agree not to hold you responsible for their negligent acts which may happen while they are working for you. Without you being Additional Insured on your subcontractors’ policies, you can be brought into any suit resulting from your subcontractors’ negligent acts. Without a contract clearly holding you harmless, your general liability insurance company may have to cover the loss and defend you if you are sued. They may seek reimbursement from your subcontractors’ insurance companies, or the subcontractors themselves. Your insurance premium could increase due to the greater exposure, or your insurance company may even decide to not renew your coverage.

Additional Insureds! Hold-harmless clauses! Contracts! Maybe every day is Blue Monday when you have to deal with such things. Consider this, however; why jeopardize your insurance coverage because an incompetent painter decided to use a spray gun on a windy day?

The RWC Insurance Advantage is committed to providing you with the best possible general liability insurance protection. But, we need your help. Here’s a checklist:
(1) Review your contracts with all your subcontractors.*
(2) Are you named Additional Insured on all their general liability policies?
(3) Do they all hold you harmless for all claims while working for you?
(4) Do you obtain up-to-date certificates of insurance every year from each one?

If you have questions about this article or would like us to review your general liability insurance needs, we’d like to hear from you. Contact us by email or call us at: info@rwcinsuranceadvantage.com or 866-454-2155

Make Blue Monday a little less blue.

*Please consider consulting an attorney if you need assistance in drafting contract language. This article is intended to help you better understand general liability insurance terms and coverages. It is not to be construed as legal advice. Terms and conditions of various insurance company policy forms may vary.

RWC Insurance Advantage (RIA) recently launched a new website and if you haven't checked it out yet, we encourage you to do so! RWC Insurance Advantage is exclusive to members of the RWC and HOME of Texas warranty programs. Members can now request a quote, apply for coverage or request certificates all from their computer or mobile devices. Here's what RIA offers:

General Liability Insurance* - General Liability is insurance that protects you from a variety of claims including bodily injury to members of the public and damage to property belonging to others that arise out of your business activities. RIA can offer options in the form of an Occurrence Policy or a Claims Made policy. Please visit our website for FAQ’s on these coverage forms.

Umbrella and Excess Insurance* – In conjunction with McGowen Excess and Casualty, these policies provide you with additional limits (usually $1mm to $5mm) of liability above your General Liability policy. Since a General Liability policy protects your business from bodily injury and property damage claims that you become legally obligated to pay, it is essential that you have proper limits in place to protect your business. In today’s litigious society, a $1,000,000 of General Liability insurance may not be enough. Check out FAQ’s on our website. Look under products.

Builders Risk Insurance – We are an authorized agent for one of the worlds largest insurers…Zurich. Builders Risk insurance protects your financial interest in the materials, fixtures and/or equipment being used in the construction, or renovation of a building, or structure in the event they are damaged or destroyed by a covered cause of loss like fire, windstorm, vandalism or theft.

Contractors Equipment Insurance – With Zurich, Contractors Equipment coverage is property insurance that covers the loss of, or damage to covered equipment owned by you, or in your possession resulting from such hazards as fire, theft or vandalism.

As a leader in the residential home building industry we are committed to providing general liability insurance and select other coverages to members of Residential Warranty Company, LLC, throughout the United States*.

Before you renew coverage elsewhere, consider getting a quote with RIA. Just visit our website and click on the Get A Quote button and answer a few easy questions. We will reply via e-mail with a price indication.

*Insurance products may not be available in all states & are subject to underwriting requirements.

“Limited inventory”. “Rising interest rates”. “Barbell of imbalance”. Many homebuyers and real estate professionals alike are finding themselves challenged by the law of scarcity in today’s market. Simply put, there are more buyers than there are homes to fill. Anyone in the home building and buying world is intimately aware of the impact presented to us with this unique situation. There are several factors creating this imbalance.

First-time homebuyers who are starting families and move down buyers who are looking to downsize have put a strain on the inventory availability. The need for each group is similar, the wants may differ, but the need can be met with access to more inventory of affordable homes. With the average sales price of homes increasing exponentially, the opportunities for these buyers is continually diminished. Add in the threat that homes will now cost more because of rising interest rates, and a crisis is created. Interest rates are not currently creating a deferral impact upon buying trends, however, as the prices continue to rise, it prices many families out of the market entirely.

What does this all mean? To put it bluntly, the market needs more homes for the fixed income and average income buyers. Meeting these buyers needs starts at a price point and includes flexible options. Fixed income buyers who are downsizing tend to fall into the group of sellers that are cashing in on the equity increases in their current homes. They may be retiring or reducing their workload, pushing them toward fixed income levels. However, first-time homebuyers have a different hurdle. These apartment and rental home buyers need better programs in place to help them get out of the rental trap. With the increased need for rentals came the increased cost of renting. Many of the options available for renters taps out their income which reduces the chances that they can save money for a down payment. A good rental history shows they can afford the home, but they don’t have the income set aside for a 20% down payment. Does your company offer incentives to first-time homebuyers? What can your trusted lenders do to help them?

Although it is a challenge for the buyers, it is a positive for sellers and builders who are looking to gain a profit after a long stretch of being at a standstill. This opportunity for growth for builders is understandably a cautious undertaking. Willingness to work with these buyers can be rewarding to builders but it is wise to take precautions to avoid the pitfalls of the past. Ensuring that you work with other professionals who are licensed properly and that you are providing a high quality, warranted homes will set you as a builder apart from the crowd. Many lenders are now requesting that a 10-year structural warranty is in place when the buyer is using FHA/VA and USDA financing. As a member in good standing with RWC, you are in a position to meet this requirement and can meet the buyers lending needs.

In conclusion, home buying needs and demands are at the crossroads between availability and affordability. Somewhere in the middle is exactly where builders should strive to be to reap the rewards. As a tradeoff, qualified buyers are willing to settle for higher interest rates if given the opportunity to achieve the long-term goal of homeownership. Scarcity is real, but buyers are abundant.

This weekend marked the 48th anniversary of Earth Day. On April 22, 1970, millions of Americans came together to fight for a clean, sustainable environment and that fight still continues today. Consumer-awareness has increased over the years, and so has the demand for Earth-friendly products and procedures. According to the NAHB, and in conjunction with a series of studies conducted by Dodge Data & Analytics, “at least one-third of surveyed single-family and multifamily builders said that green building is a significant portion of their overall activity. And by 2022, this number should increase to nearly one-half in both sectors.”

You, as a builder, can have a big impact from the get-go; essentially starting with a clean slate for every home you build. How can you contribute to the home’s carbon footprint? Simply look around a typical house. There are opportunities everywhere to make improvements or conserve. Do you incorporate environmentally-friendly features such as water saving faucets and toilets, low VOC paints and adhesives, and energy-efficient appliances and systems? Not only is saving money for the long haul important to buyers, but the way the home itself impacts the future (and present) environment is also significant.

House hunters today have a lot of choices when it comes to choosing a builder. Will you measure up? Do you have special certifications such as LEED or Energy-Star? Have you won awards for your ecological principals? If green building is in your wheelhouse, then show off -- highlight these practices on your website, social media, on promotional materials, and by word of mouth! Those are exactly the types of things that consumers today are attracted to.

More and more builders are joining the green home movement with sensitivity to nature preservation and homeowner requests. Slowly but surely, eco-friendly elements are becoming the ‘standard’. If you haven’t done so already, incorporating just a few of these building practices will be beneficial for your business. With this buying preference in mind, there is much opportunity and value in this market. Prospects will certainly do their research when planning for their dream home and you may just win them over when Mother Nature is in your corner.

It is perennially important that builders focus on keeping whatever profits they can generate by managing their risks and limiting their potential liability. Homeowner claims for defective construction can eat away profit in the form of repeated customer service and punch list work, prolonged disputes with customers, payments to disgruntled homeowners, and attorney fees.  Here are some suggestions for limiting that exposure.

Employ proper construction practices. This may seem like an elementary point, but contractors who are building new designs in unfamiliar locations or who are desperate for sales are more likely to fall short in this regard. Proper education for workers, regular inspection by builder representatives, and professional oversight from engineers and attorneys, for example, as needed, can limit builders’ exposure to homeowner claims and to other risks like OSHA fines and penalties.

Watch for and avoid subcontractor problems. Your contract is with your customer. If a subcontractor’s work harms your customer, that customer will look to you to make it right. Use capable subcontractors and inspect their work so that you know you are getting what you pay for. Make certain your subcontractors are insured and consider being named as an additional insured on their liability insurance policies.

Service your customer. As we so often hear in lending and home building advertisements, the purchase of a newly built home is almost always the largest transaction your customer will make in his life, and he will likely spend ten or twenty or thirty years paying for it. Consequently, your customer will expect you to address any reasonable post-settlement concerns he has about your product. Prompt and courteous communication with home buyers after the sale and faithful attention to those concerns that are properly your responsibility will not only create a positive buzz about you as a builder but will also reduce the chances that a homeowner will sue you.

Avoid the problematic customer. Some customers are simply not worth the trouble. They will often demonstrate this early in the relationship, before the contract is signed, by making impossible demands on your time, asking for incredible reductions in price, or complaining about other builders they have seen or other businesses with whom they have had disputes. While some such demands and complaints may be legitimate, it is important to recognize the customer who will never be happy. That kind of customer limits your ability to make a profit on a house, often retains a lawyer to sue you and should be avoided whenever possible.

Shift the risk. Make sure you have adequate insurance to protect you against liability risks and take full advantage of your associates’ insurance policies by being named an additional insured whenever appropriate. Purchase a warranty product to provide to your home buyers to shift some of the risk for construction defects onto a third party.

Don’t be afraid to settle homeowner cases. If sued or threatened with suit immediately ask your attorney for an assessment of the chances of success and an estimate of what it will cost to get to that result. Too often clients complain that fighting a lawsuit has cost them more than settling it earlier would have. Some battles must be fought, but not all of them. Pick the ones you want to fight and have at it.  For each of the others, make a good business decision and solve the problem on the most cost-effective basis possible.

Manage your attorney fees.  Lawyers are struggling with the same economy you are.  If a lawyer has quoted you a certain rate, you should not hesitate to negotiate with her to see if she will take the case for less.  Insist that a fee agreement is prepared in writing for signature by you and your lawyer.  Encourage the lawyer to assign less complicated work to less expensive members of the firm like associates, paralegals, and clerks.  Finally, obtain an estimate of the cost of defending the case up front.  This provides you with information necessary to determine whether you should settle the case, helps with budgeting, and serves as a cap on fees by at least requiring a persuasive explanation from your attorney if the cost of defending the case exceeds what was estimated.

Consider alternative and early dispute resolution options.  Arbitration is often less expensive than a full-blown jury trial.  Mediations offer opportunities for adversaries to sit down together and work with a neutral third party to resolve disputes.  These alternative dispute resolution options are less combative and less expensive, and when employed early, can result in significant savings in attorney fees and costs for all parties involved in the dispute.

For a builder to succeed in any economic conditions, he must accept some risk of loss and exposure to liability.  It is good business sense to implement strategies to limit those risks and exposures, especially when money is tight and so many builders are conducting business in new ways.

In addition to the strategies listed here to help reduce risk and exposure, builders who include a warranty on their homes are making a smart decision. A warranty not only eases the buyer’s mind should a defect arise in the future, but it also limits the builder’s liability, thus helping them keep as much of their hard earned profit as possible.