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Builder’s Risk

Marsh’s construction practice experts give their insight into builder’s risk rate and capacity changes on a global and regional basis during Q1 2024.

Builder’s risk

In general, the builder’s risk market has become more challenging, with no new entrants and a lack of capacity in some regions. This is especially true for regions that are exposed to natural catastrophe (Nat Cat) perils, such as the Pacific. 

Rates increased in the US and the Pacific and were relatively stable in Asia and Europe. 

In Canada, the increased cost of claims contributed to a challenging market. While there were no new entrants, several existing markets offered lead positions as their portfolios became profitable.  

For renewable energy in Europe, there has been an increasing demand from many insurers to write more of these projects. 

The volume and magnitude of construction projects announced in the Middle East has led insurers to compete more aggressively, typically resulting in improved terms and conditions for buyers. 

LEG 3 design cover

Rates for LEG 3 cover were generally stable, apart from the US, Canada, and Europe where rates increased in the 5% to 20% range.  

Insurers in Asia, the Middle East, Latin America and Africa have been generally reluctant to offer LEG 3, although in Asia there was increased participation in projects involving European contractors.

Similarly, US insurers now seldom offer LEG 3, generally doing so only on a case-by-case basis with comparatively higher rates.

It is available on building projects in the Pacific, although restricted to LEG 2 on erection all risks (EAR). 

In Canada, LEG 3/06 is available, although some markets pushed for LEG 3/96 exclusions.  

In the Middle East, LEG 2 is most commonly offered for design defects cover, although there has been an uptick in markets willing to offer broader LEG 3 cover for certain occupancies. 

Restrictions continue for wet risks, pipelines, scale ups, prototypical and other highly exposed projects. Insurers providing coverage for power and renewable energy risks are increasingly using LEG 2.

Note regarding LEG defect clauses

The LEG defects clauses provide three exclusion wordings for Construction All Risks (CAR) policies.

  1. The widest exclusion is LEG 1 and the narrowest exclusion is LEG 3.
  2. LEG 2 cover only excludes the hypothetical cost to remedy the defect pre damage.
  3. LEG 3, however, only excludes the cost incurred to improve.

Delay in start-up (DSU)  

Demand for DSU continued to rise. Generally, this requires additional underwriting analysis on exposures. Rates broadly increased globally (5% to 10%), although stabilised in the Middle East. 

In Asia, the number of DSU claims increased. A significant number of potentially large DSU losses were notified towards the end of 2023 that are likely to drive pricing higher.  

In the Pacific and the Middle East, time-based deductibles are no less than 60 days in most cases. Insurers in Canada have generally sought to increase time-based deductibles. 

Global construction market update

Global macro trends point to an encouraging outlook for the construction sector.

Our people

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Maarten van Haaps

Head of Construction, Marsh Specialty

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Brad  Day

National BDM – Corporate Construction, Marsh Specialty

This publication is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Marsh shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modelling, analytics, or projections are subject to inherent uncertainty, and any analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change.

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Marsh Pty Ltd (ABN 86 004 651 512, AFSL 238983) (“Marsh”) arrange this insurance and is not the insurer. The Discretionary Trust Arrangement is issued by the Trustee, JLT Group Services Pty Ltd (ABN 26 004 485 214, AFSL 417964) (“JGS”). JGS is part of the Marsh group of companies. Any advice in relation to the Discretionary Trust Arrangement is provided by JLT Risk Solutions Pty Ltd (ABN 69 009 098 864, AFSL 226827) which is a related entity of Marsh. The cover provided by the Discretionary Trust Arrangement is subject to the Trustee’s discretion and/or the relevant policy terms, conditions and exclusions. This website contains general information, does not take into account your individual objectives, financial situation or needs and may not suit your personal circumstances. For full details of the terms, conditions and limitations of the covers and before making any decision about whether to acquire a product, refer to the specific policy wordings and/or Product Disclosure Statements available from JLT Risk Solutions on request. Full information can be found in the JLT Risk Solutions Financial Services Guide.”