TRB Pubsindex
Text Size:

Title:

Legal Issues with Obtaining Insurance for Large Transit Projects

Accession Number:

01537477

Record Type:

Monograph

Availability:

Transportation Research Board Business Office

500 Fifth Street, NW
Washington, DC 20001 United States
Order URL: http://www.trb.org/Main/Blurbs/171313.aspx

Find a library where document is available


Order URL: http://worldcat.org/isbn/9780309284295

Abstract:

The insurance market for large transportation projects is complex. Risk management plays a vital role in the planning, design, and construction of today’s complex transit systems. Transit owners are more proactively exploring ways to manage risk and reduce corresponding costs and exposures. Some public transit owners are exploring enterprise risk management approaches as a more complete way to control overall risk exposures. With respect to insuring against risk, new types of insurance programs, including Owner Controlled Insurance Programs (OCIP) and Contractor Controlled Insurance Programs (CCIP), are being implemented, resulting in cost savings, promotion of safety, and claim reduction in the face of a consolidating insurance market. This project identifies and discusses in detail the legal issues confronting transit agencies seeking to obtain insurance for large transit capital projects. Large projects include Federal New Starts projects and alternative delivery projects (design-build, design-build-operate-maintain, construction manager at risk, etc.), and may include large rolling stock acquisitions. The report discusses different types of insurance coverage required for large projects and the types of programs available, including OCIPs and owner’s protective professional indemnity insurance, and the benefits, advantages, and disadvantages of such programs as compared to consultant- or contractor-provided insurance programs. The digest examines how state law affects the ability to assign risk contractually; the current practices for drafting contract provisions to manage risk; competitive procurement and cost analysis issues; methods of obtaining comparative pricing for various insurance options; and the impacts of the various types of insurance programs on owner liability, project and contractor safety, and disadvantaged and small business enterprise project participation. The importance of industry practice is considered, as well as how best to design an insurance program to manage risks on specific types of projects. This digest should be useful to transit attorneys, administrators, risk managers, project engineers, financial officers, and other staff that need knowledge of basic insurance information and how the industry works.

Language:

English

Authors:

Kerness, Eric
Dettman, Kurt
Evans Jr, James W

Editors:

McDaniel, James B

Pagination:

63p

Publication Date:

2014-9

Serial:

TCRP Legal Research Digest

Issue Number: 47
Publisher: Transportation Research Board

ISBN:

9780309284295

Media Type:

Digital/other

Features:

Appendices

Subject Areas:

Administration and Management; Law; Public Transportation; I10: Economics and Administration

Files:

TRIS, TRB, ATRI

Created Date:

Sep 15 2014 1:15PM