Is all risks in construction or installation compulsory?

What types of insurance must be insured for engineering insurance? Any suggestions and voluntary insurance? Bao Gong. com

Insurance in the field of construction engineering consists of the whole life cycle insurance system of the project and the insurance system of the participants of the construction project, which interact and cooperate with each other, involving all risks of construction and installation, engineering quality insurance, engineering guarantee insurance, professional liability insurance, safety production insurance and other related insurances. The insurance coverage includes personal injury, property loss and other economic compensation liabilities caused by natural and man-made disasters in various civil, industrial and public utilities construction projects.

According to the willingness to insure, insurance in the field of construction engineering can be divided into compulsory insurance, suggested insurance and voluntary insurance. For contractors who undertake engineering risks, it is necessary to reasonably select and combine insurance types and transfer the risks that organizations and individuals may face to insurance companies.

1, compulsory insurance

According to the Insurance Law, "insurance contracts shall be concluded voluntarily except as provided by laws and administrative regulations", and compulsory insurance is required by law, also known as statutory insurance. In the field of construction engineering, only compulsory insurance can be applied to engage in engineering construction-related work.

1997, the "Building Law" made it clear for the first time that construction enterprises must handle accidental injury insurance for employees engaged in dangerous operations and pay insurance premiums. Accident insurance of construction engineering (commonly known as construction accident insurance) has therefore become the first compulsory insurance in the field of construction in China.

The Regulations on Work-related Injury Insurance, which came into effect in 2004, made work-related injury insurance compulsory, and it was added as "Construction enterprises shall pay work-related injury insurance premiums for employees and participate in work-related injury insurance according to law" when the Construction Law was revised on 201. Also in this revision, the "Construction Law" changed the previous compulsory insurance to "encourage enterprises to handle accidental injury insurance and pay insurance premiums for employees engaged in dangerous operations", and industrial injury insurance has become the only compulsory insurance in China's construction field.

Therefore, according to the current "Construction Contract (Model Text)", the employer and the contractor shall handle industrial injury insurance according to law, and may also handle accidental injury insurance for all personnel on the construction site.

2. Suggested types of insurance

Suggested insurance is insurance that is not explicitly required by laws and administrative regulations, but encouraged by laws and administrative regulations, or stipulated by other normative documents that enterprises should take out insurance. Generally speaking, the suggested insurance is proved to be necessary by experience, and it is also one of the most common and effective engineering risk management methods adopted so far.

After the Building Law revised by 20 1 1 made it clear that building accident insurance is the recommended type of insurance, both the 20 13 edition and the current Construction Contract for Construction Projects (model text) stipulate that the employer shall insure against all risks of construction projects or all risks of installation projects, unless otherwise agreed in the special contract terms; Unless otherwise agreed in the special terms and conditions of the contract, the contractor shall handle property insurance for its construction equipment.

When the Law on Work Safety was revised in 20 14, one article was added: The state encourages production and business units to participate in the liability insurance for work safety. Then, the Measures for the Implementation of Safety Production Liability Insurance, which came into effect on 20 18, also made it clear that production and business units in high-risk industries such as construction should be insured with safety production liability insurance.

Therefore, construction accident insurance, construction engineering all risks (hereinafter referred to as construction engineering insurance), installation engineering all risks (hereinafter referred to as safety engineering insurance), construction machinery and equipment insurance and safety production liability insurance (hereinafter referred to as safety liability insurance) are all recommended types of insurance in the field of construction engineering.

Among them, building accident insurance and safety liability insurance pay equal attention to compensation and prevention, which have a significant effect on controlling the loss of building safety accidents; All risks of construction and installation (usually supplemented by third party liability insurance) integrates property loss insurance and liability insurance. Because of its wide coverage, it is still listed as the starting condition of contractors by many local policies. Construction machinery and equipment insurance (usually with additional risks such as collision and overturning, third party liability, theft, spontaneous combustion and employer liability) is applicable to most construction machinery and equipment, and superimposed additional risks can usually provide basic risk protection requirements for high-cost and high-risk construction equipment.

3. Voluntary insurance coverage

Compared with compulsory insurance, voluntary insurance is generally based on the principle of "marketization and voluntary insurance", and the construction enterprise is free to decide whether to apply for insurance, and the insurance scope, insurance rate and insurance period are also independently agreed by the insured and the insurer.

In the field of China's construction projects, the types of voluntary insurance include project guarantee insurance with performance credit risk as the insurance subject, project quality insurance with project quality risk as the insurance subject, employer liability insurance with personal compensation liability as the insurance subject, professional liability insurance with professional liability as the insurance subject (including survey liability insurance, design liability insurance, construction liability insurance and supervision liability insurance), as well as building material quality insurance, cargo transportation insurance, public liability insurance, property management liability insurance and construction professional insurance.

Faced with various types of voluntary insurance, enterprises should proceed from their own interests and make their own choices after weighing the possible risks, risk probability and risk quantity of the project: if the cost of transferring risks through insurance is the lowest, they can apply for voluntary insurance to transfer risks. Reducing losses through reasonable selection of insurance types can also reduce construction costs and ensure investment benefits.

In some pioneering areas, the policy has required some voluntary insurance, such as Shanghai, Beijing, Chengdu and other places, requiring the construction unit to insure the potential defects of the project quality. In addition, in the special construction organization form, it is also suggested to insure some voluntary insurance types. For example, this year's "Model Text of General Contract for Construction Projects (Draft for Comment)" issued by the Ministry of Housing and Urban-Rural Development proposes that both parties should insure the liability insurance for construction project design and all risks for construction and installation projects according to the special contract conditions; The contractor shall handle property insurance for construction equipment, materials, engineering equipment and temporary works transported to the site according to the special contract conditions.

Statistics show that by the end of 65438+February, the original insurance premium income of engineering insurance in 20 19 was11800 million yuan; In 2020, by the end of 10, the data has reached 124 billion yuan. On the one hand, it benefits from the construction boom under the new pattern of dual-cycle development at home and abroad, on the other hand, it also stems from the increase in the proportion of construction insurance. Today, the status of the pillar industry of the construction industry is becoming more and more stable, and the insurance coverage rate of engineering insurance needs to be close to 90% of that of foreign countries as soon as possible, so as to help China realize the great leap from a "building power" to a "building power".