VGD: Safeguarding Your Construction Investment in Miami.

Handling builder’s risk insurance claims can be complex, particularly when insurers stall, devalue, or reject legitimate claims. At Vargas Gonzalez Delombard, LLP, we use our in-depth knowledge of construction law to advocate for property owners, contractors, and developers facing unjust denials. Our history of securing significant settlements demonstrates our commitment to holding insurers accountable and ensuring you receive the coverage you rightfully deserve. Don’t let an insurance dispute put your project at risk—contact us today for a consultation, and let us protect your construction investment.

Legal Aspects & Your Rights

Builder’s risk insurance is vital in protecting against financial losses resulting from property damage or destruction during construction. Property owners, contractors, and subcontractors commonly use these policies to shield their investments from risks like fire, theft, and severe weather. With construction projects often valued in the millions or even billions of dollars, having adequate coverage is essential. Resolving builder's risk insurance claims can indeed be challenging, as insurers may attempt to reduce payouts or deny claims, placing a heavy financial burden on policyholders. For instance, in the case of MKB Constructors v. American Zurich Insurance Company, the contractor faced significant financial strain when their claim was denied under a builder's risk policy, leading to protracted legal proceedings.

Understanding Builder’s Risk Insurance in Miami

Builder’s risk insurance provides temporary construction project coverage, similar to other states' policies. However, Florida’s distinct climate and regulatory landscape require careful policy review to ensure sufficient protection against extreme weather events. Several factors influence the cost of a builder’s risk insurance policy, including:

  • Project Type: New construction versus renovation impacts pricing.
  • Location: Properties in hurricane-prone or flood-risk areas typically have higher premiums.
  • Construction Type & Materials: The use of premium materials increases insurance costs.
  • Project Duration: Longer construction timelines may lead to higher insurance expenses.
  • Coverage Amount: Higher coverage limits result in increased premiums.
  • Contractor Expertise & Claims History: Contractors with strong safety records and experience may qualify for lower rates.
  • Deductibles: Opting for a higher deductible can lower premiums but increase out-of-pocket costs in case of a claim.

A well-structured policy should comprehensively cover foreseeable risks. However, insurers often impose exclusions or limitations that could significantly impact claim payouts. Consulting with a legal professional before purchasing a policy can help avoid unexpected coverage gaps.

Coverage Provided by Builder’s Risk Insurance in Florida

Builder’s risk insurance policies can differ, but they generally cover losses resulting from:

  • Fire
  • Hail and windstorms
  • Lightning
  • Hurricanes
  • Explosions
  • Theft and vandalism
  • Defective design
  • Substandard materials
  • Poor workmanship
  • Labor costs

However, certain types of damage are typically excluded unless additional coverage is specifically added. According to Forbes, damage resulting from flooding is generally excluded from standard builder's risk policies.

Other examples include:

  • Earthquakes
  • Employee theft
  • Exposure to weather in open-air settings

Since policy exclusions can be complex and sometimes unclear, consulting with Vargas Gonzalez Delombard, LLP, before purchasing coverage or when dealing with a claim dispute, can help safeguard your rights and ensure comprehensive protection.

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Common Disputes in Builder’s Risk Insurance Claims

Insurance companies often determine claim payouts based on the least expensive option—whether that means repairing, rebuilding, or replacing damaged property. This approach can lead to complications, especially when cost assessments vary due to differences in valuation methods or site comparisons. Disputing these determinations requires thoroughly understanding policy terms, construction expenses, and applicable legal precedents.

Other frequent reasons for claim denials or undervaluation include:

  • Damage occurring after project completion
  • Policy limits deemed inadequate to cover the loss
  • Preexisting damage or issues predating construction
  • Exclusions or policy loopholes reducing coverage

In Florida, the statute of limitations for a breach of a property insurance contract is five years, commencing from the date of loss, irrespective of when the insurer denies the claim. This is stipulated in Section 95.11(2)(e) of the Florida Statutes. Prompt legal action is essential to preserve your rights and maximize your recovery.

What Steps Should I Take If My Builder’s Risk Insurance Claim Is Denied?

A denial from your insurance company doesn’t necessarily mean your claim is invalid. Many rejections stem from unclear policy wording, incorrect interpretations, or insurers attempting to limit their financial obligations. If your claim has been denied, follow these steps to challenge the decision:

Review Your Policy Thoroughly

Carefully examine your insurance policy, including its terms, exclusions, and coverage limits. Insurers may misinterpret or incorrectly apply exclusions, leading to wrongful denials.

Request a Formal Denial Letter

Ask the insurance provider for a written explanation detailing why your claim was denied. Having this documentation is crucial if you plan to dispute the decision.

Gather Strong Evidence

Compile all necessary documentation, such as photographs, repair estimates, construction records, and any communication with the insurer. A well-supported case increases your chances of overturning the denial.

Submit an Appeal

Most insurers offer an internal appeals process. Providing additional evidence and a strong argument for your claim can sometimes lead to a reversal.

Seek Legal Assistance from VGD

Professional legal support can make a difference if your appeal is unsuccessful or you believe the insurance company is acting in bad faith. At Vargas Gonzalez Delombard, LLP, our experienced attorneys can advocate on your behalf, challenge wrongful denials, and, if necessary, pursue legal action to ensure you receive the compensation you rightfully deserve.

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Why Choose Vargas Gonzalez Delombard, LLP? We Hold Insurance Companies Accountable.

Construction projects involve substantial financial commitments; insurance providers are expected to honor their agreements. Unfortunately, many insurers resort to delays, technical loopholes, and ambiguous policy language to reduce or reject claims, leaving policyholders struggling to recover their rightful compensation.

At Vargas Gonzalez Delombard, LLP, we leverage extensive legal knowledge, industry experience, and a proactive approach to advocate for our clients. Our legal team has helped property owners, contractors, and developers secure millions in settlements from denied or undervalued claims. We are dedicated to achieving results with integrity and a client-first approach.

Here’s some of what we offer:

  • Decades of expertise in construction law and insurance disputes
  • A strong track record of securing substantial verdicts and settlements
  • Personalized legal strategies tailored to each client’s unique case
  • Contingency-based representation—you don’t pay unless we win
  • Unwavering commitment to fighting for justice against unfair insurers

Don't navigate the process alone if your builder’s risk insurance claim has been denied or undervalued. Contact Vargas Gonzalez Delombard, LLP today to schedule a consultation and safeguard your construction investment.

Builder's Risk Insurance FAQ

Does Builder’s Risk Insurance Cover Liability?

Can I Extend My Builder’s Risk Insurance If My Construction Project Is Delayed?

What Happens to My Builder’s Risk Insurance Once Construction Is Completed?

Does Builder’s Risk Insurance Cover Damage Caused by Subcontractors?

Are Soft Costs Covered Under a Builder’s Risk Insurance Policy?

Can I Purchase Builder’s Risk Insurance After Construction Has Started?

What Happens if My Construction Project Takes Longer Than the Policy Term?

Does Builder’s Risk Insurance Cover Equipment and Tools?

How Can I Reduce the Cost of Builder’s Risk Insurance?

Does Builder’s Risk Insurance Cover Liability?

No, builder’s risk insurance is designed to cover property damage, not liability claims. A separate general liability insurance policy is necessary to protect against injuries or property damage caused during construction. If you’re unsure whether your project has adequate coverage, consulting with a legal expert before starting construction is highly recommended.

Can I Extend My Builder’s Risk Insurance If My Construction Project Is Delayed?

Yes, builder’s risk policies are issued for a specific timeframe, but they can often be extended if the project takes longer than anticipated. To avoid gaps in coverage, requesting an extension before your policy expires is important. Keep in mind that extending coverage may come with additional costs, so discussing options with your insurer in advance ensures continuous protection.

What Happens to My Builder’s Risk Insurance Once Construction Is Completed?

Once construction is finished, the builder's risk insurance coverage ends. At this point, transitioning to a permanent insurance policy—such as Commercial Property Insurance—is advisable to protect the completed structure from risks like fire, theft, and weather-related damage. Securing long-term coverage ensures continued financial security for the newly built or renovated property.

Does Builder’s Risk Insurance Cover Damage Caused by Subcontractors?

In most cases, builder’s risk insurance includes coverage for damages caused by subcontractors working on the project. However, policy specifics can vary, making it essential to review your coverage details. If subcontractor-related damage is not fully covered, requiring them to carry their own general liability insurance can offer an extra layer of financial protection.

Are Soft Costs Covered Under a Builder’s Risk Insurance Policy?

Soft costs—such as loan interest, legal fees, and additional expenses due to construction delays—may be covered if specifically included in the policy. Since standard builder’s risk policies do not automatically cover these expenses, adding an endorsement may be necessary. Ensuring coverage for soft costs can help mitigate financial setbacks caused by unexpected delays.

Can I Purchase Builder’s Risk Insurance After Construction Has Started?

Yes, obtaining builder’s risk insurance after construction has begun is possible, but this can be more difficult. Some insurers may have restrictions or charge higher premiums due to the increased risk. It is best to secure a policy before construction begins to avoid complications and ensure continuous coverage.

What Happens if My Construction Project Takes Longer Than the Policy Term?

If the project extends beyond the original policy term, you may have the option to request an extension. However, extensions are not guaranteed, and additional premiums may be required. If an extension is not available, obtaining a new policy before the current one expires is crucial to maintaining uninterrupted coverage. If an extension is not available, obtaining a new policy before the current one expires is crucial to maintaining uninterrupted coverage.

Does Builder’s Risk Insurance Cover Equipment and Tools?

Standard builder’s risk insurance primarily covers the structure and materials used in construction. Tools and equipment are generally not included unless explicitly stated in the policy or added through an endorsement. Contractors may want to consider inland marine insurance or a specialized equipment policy to protect against loss or damage.

How Can I Reduce the Cost of Builder’s Risk Insurance?

Improving site security, using high-quality materials, and hiring experienced contractors with strong safety records can help reduce premiums. Choosing a higher deductible can also lower costs, though it increases out-of-pocket expenses in the event of a claim. Additionally, bundling builder’s risk insurance with other policies from the same insurer may qualify for discounts. Working with your insurance provider to explore cost-saving strategies can help you find the best coverage at an affordable rate.

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