Removing waterproofing or a roof in winter in the TAMA 38 project – how do we prepare?
Oct 24, 2018
question
I am the developer of the TAMA 38 reinforcement project. The executing contractor informed me that due to project execution and scheduling constraints, he intends to remove the waterproofing during the winter. How can we prepare properly in terms of insurance?
Removing waterproofing and leaving roofs exposed during winter is a common issue in urban renewal projects, and one I have addressed on numerous occasions. You are welcome to read a professional article I published on the Magdilim website, as well as relevant information on this website here and here.
Unfortunately, many contractors and developers in Israel are unaware that winter damage at a construction site may be excluded from coverage under a Contractors’ All Risks policy. Insurers may regard such damage as “foreseeable,” since rain and wind are expected during winter.
This means that removing waterproofing in winter, even because of scheduling or construction constraints, could result in an uninsured incident. This applies both to property damage and to consequential losses, such as delays and their implications, a complex subject in its own right. Addressing this issue therefore requires action at several stages:
Plan construction schedules properly and avoid removing waterproofing or exposing roofs during winter.
Remove waterproofing or expose roofs only after obtaining professional advice and implementing appropriate engineering measures to prevent rain damage, coordinating these measures with the insurer, and fully documenting the work carried out.
After an incident, if the building has sustained damage, examine whether the storm was “exceptionally severe” and therefore “unforeseeable.”
The best initial approach to winter damage is prevention: scheduling the works so that this situation does not arise. In practice, however, things do not always go according to plan. Sometimes, removing waterproofing or exposing roofs during winter is unavoidable, so it is important to know what to do when there is no alternative.
Proceed with considerable caution. First, consult professionals about preparing the project for winter. At the same time, consult us. It may be advisable to involve the insurer in advance. Third, when removing waterproofing or exposing roofs, document both the work and the advice you received. This documentation is critical.
Try to prevent damage before it occurs, and ensure that, even if the project suffers winter damage, you can demonstrate to the insurer that you did everything within your power to prevent it.
Even if the project sustains winter damage and the initial circumstances are not in your favour, you may still be entitled to coverage. This could apply even if you did not obtain professional advice, have no documentation of winter preparation work, and did not consult the insurer. For example, you may be able to establish that the storm was “exceptionally severe” and therefore “unforeseeable.”
Naturally, it is preferable to avoid reaching such a critical situation. Measured, professional action can save considerable time and distress for both you and the residents.
The answer
Removing seals and exposing roofs in urban renewal projects in winter is a common issue that I have addressed more than once (you are invited to read a professional article that I published on the subject on the Magnifier website , as well as important content on this site, see here and here ).
Unfortunately, many contractors and developers in Israel are unaware that winter damage to a construction site may be excluded from coverage by the contractor's insurance policy. This is because they can be considered by the insurance company as "foreseeable damage," as rain and wind are "expected" in winter.
This means that removing seals in the winter, even if due to scheduling or execution constraints, may develop into an event without insurance coverage. Both in terms of damage to property and in terms of indirect damage, such as delays in schedules and their consequences (a complicated issue in itself). The solution to the issue therefore lies in several points in time:
- Proper planning of schedules and avoiding removing seals or exposing roofs in winter.
- Removing seals and exposing roofs only while receiving professional advice and providing appropriate engineering solutions to prevent rain damage and coordinating them with the insurance company, as well as making full documentation of the actions taken.
- After the event - if the building was damaged, it must be checked whether the storm was "abnormally strong" and therefore "unexpected."
In the first stage, the best way to deal with winter damage is to preemptively remedy the situation. That is, planning implementation schedules in such a way that the situation simply will not be necessary. However, since we live among our people, we know that things do not always progress as planned. Sometimes there is no escape from removing seals or exposing roofs in the winter, and it is important to know what you should do in this "no choice" situation.
Well, you should proceed with great caution. First, consult with professionals on how you can prepare your project for winter. Second, and at the same time, consult with us. It may be worth involving the insurance company "in advance." Third, when removing the seals or exposing the roofs, document the work and the advice you received (documentation is critical).
In a nutshell – try to prevent damage prematurely, and make sure that even if the project is damaged in the winter, you will be able to present to the insurance company a picture that shows you did everything you could.
Please note that if the project was damaged during the winter, and even if the initial data is not necessarily in your favor (i.e., you did not seek professional advice, you do not have documentation for performing preparatory work for the winter, and you were not in dialogue with the insurance company), you may still be entitled to insurance coverage.
For example, if you can prove that the storm was "abnormally intense" and therefore "unexpected."
However, it is of course better not to reach such a dramatic situation, and it is certainly possible, with measured and professional steps, to save a lot of time and heartache (for you and the tenants).
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