20 January 2025
How to protect your company if your contractor goes into administration
The UK construction sector faces a number of challenges with cashflow management and a high number of insolvencies. The industry’s vulnerability, exacerbated by persistent challenges like cash flow issues, high interest rates, labour costs, historic low margins and reduced public-sector spending mean that these factors are likely to increase scrutiny for contractors on their financial stability.
When contractor Henry fell into administration in June 2023, it owed GBP43 million to suppliers, while Buckingham owed more than GBP108 million when it collapsed just four months later. This was a year where construction saw more insolvencies than any other industry, with a record 4,371 building firms collapsing in England and Wales.
Fast-forward less than 12 months, and ISG followed suit with six subsidiaries going into administration on 20 September 2024. Administrators have warned that creditors of five of these subsidiaries are unlikely to receive any of the money owed.
With the collapse of ISG being the UK construction industry’s most high-profile example since Carillion fell into administration in 2018, it’s not surprising that some developers and subcontractors across the industry will be having sleepless nights. But there are ways to protect your company should your contractor fall into the hands of the administrators.
One in five business failures in 2023 across England and Wales were in the construction industry.
Construction firms accounted for 15.8% of all insolvencies in England and Wales in July 2024 — the highest of any industry4.
The collapse of ISG is estimated to total over £500 million, with £1 billion of public sector contracts left in limbo.
Construction insurance to protect against contractor liquidation
There are typically two types of insurance programmes available for construction developments: Contractor-Controlled Insurance and Owner/Employer-Controlled Insurance Programmes.
Contractor-Controlled Insurance Programme (CCIP)
The Construction All Risks (CAR) insurance responsibility falls to the contractor, covering the development throughout the construction phase plus a 12–24-month defects liability period. At this point, responsibility is handed over to the owner/employer for cover to continue under their property policy. They also have the option to insure the development on a contingent basis, which covers the site in the event the contractor goes into administration.
Owner-Controlled Insurance Programme (OCIP)
A bespoke set of construction insurances, designed to suit the needs of all parties to a project and is arranged by the owner/employer rather than relying on a contractor’s rigid annual insurance programme being adequate or the contractor placing project-specific insurances.
The key factors why an owner would typically choose the OCIP option are:
· The ability to protect anticipated revenue/Delay in Start-Up (DSU): Should there be a specified perils damage event, e.g., fire or escape of water leading to a delay to the project, the contractor would usually be granted an extension of time, therefore, no liquidated damages can be levied. This risk is insurable under an OCIP via DSU insurance, which is not available where the contractor provides the CAR insurance as they do not have an insurable interest in the employer’s anticipated revenue. Furthermore, lenders typically prefer the owner/employer to arrange DSU and control the insurances.
· Management of contractor insolvency: Should the main contractor become insolvent, any issues that may arise are greatly reduced where owners/employers have their own project insurance programme in place. Any claims proceeds would not get caught up in any insolvency proceedings. Furthermore, if due to insolvency or a disagreement occurs resulting in the contractor being replaced, an owner/employer-arranged programme would likely be achieved at no additional premium. If the contractor was responsible for arranging the programme, a new premium would be payable by the owner/employer which may include double the original cost due to re-procuring with the terms and conditions amended or even restricted. Ambiguity may arise around coverage for any pre-existing defects in the works done to date, as any new contractor may not agree to assume responsibility.
· Removing cost duplication: Ultimately, the owner/employer pays for the insurances under the construction contract and yet more than likely will not fully understand the insurance costs if the contractor procures the programme. This can allow contractors the opportunity to introduce additional costs to the bid for their time spent arranging and managing the insurances thereby increasing the cost to the overall project. By controlling procurement, the owner/employer understands the actual insurance cost and should request that tendering contractors discount their bid to reflect the insurance procured and provided by the owner/employer. Premium can be paid in instalments in line with budget requirements.
· Tailored policy wording: Policy wording is written to respond to key risks undertaken throughout the project through to handover.
· Control over insurer selection: The owner/employer controls which insurers to partner with, taking into consideration any existing relationships to leverage or that are more suited to the project’s risk profile.
· Reduced likelihood of disputes: Disputes between the project parties (and their individual insurers) will be less likely as all parties are covered under the OCIP policy and associated insurers, resulting in easier processing of claims.
· Protected handover: The owner/employer can control both the construction and operational phase placements during handover, ensuring that there is no protection gap and the covers dovetail.
It is important to note that without a contractor responsible for your development, you as the owner/employer will have a legal liability for the vacant site and must consider your public liability exposure. You should inform your insurance provider and ensure that the liability risk is adequately covered whilst you organise a new contractor. It is vital to act quickly as any delays, no matter how short, can exacerbate the disruption to a project and increase your own business costs and potential losses.
Credit protection could halt the cashflow domino effect
Cash flow constraints were ranked fourth in the 2024 Gallagher Business Risk Index, reflecting ongoing pressures on the balance sheet. Prolonged cash flow problems often result in increased borrowing at higher rates of interest, creating a debt spiral and damaging creditworthiness. Firms can then be left facing financial instability and potential complications with future financing.
A Carillion-size default can have a significant impact on firms in the wider value chain, even on those with healthy balance sheets. One company collapsing can have a domino effect, affecting other companies that were previously robust. Credit protection can help safeguard against such risks.
The Gallagher Specialty Construction division is uniquely placed to assist developers, contractors and subcontractors who may be affected by insolvency risks. We have a 120-strong team here in the UK, working across all construction sectors. We are here to support you with your insurance needs and risk management to help you build resilience.
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