Halo Guarantee Handbook › images › helpful › Halo-info.pdf · 2.5 Builders Sleep Easy...

Halo Guarantee Handbook for Members of NZCB 0800 237 843 | nzcb.nz

Contact NZCB National Support Office on 0800 237 843 or BrokerWeb Risk Services on 0800 644 444 Current as at November 2016

TABLE OF CONTENTS

1. Introduction to the Halo Guarantee Page 1

1.1 Overview of Halo

1.2 Policy Underwriters and Broker

1.3 Mandatory Policy

2. Halo Guarantee Cover

2.1 Benefits for the homeowner

2.2 Sum insured

2.3 Cover commencement

2.4 Policy exclusions

2.5 Builders Sleep Easy Indemnity Cover

2.6 Non-residential buildings

3. Halo Administration Page 4

3.1 Presenting the Halo Guarantee to the homeowner

3.2 Application process

3.3 Premium payment

3.4 Transferring to subsequent homeowners

3.5 Certificate of Practical Completion

3.6 Claims process

4. Supporting Documents Page 6

Checklist

Halo Premiums and Excesses

Application example

Application Form

Certificate of Practical Completion


1. INTRODUCTION TO THE HALO GUARANTEE

1.1 Overview of Halo The Halo 10 Year Residential Guarantee was introduced by the Board of NZCB in January 2016. This new and improved guarantee product was created as a result of an overall review of the use of guarantees driven by the amendments to the Building Act which introduced new implied warranties/guarantees. This also aligned with the Associations review of its brand. Halo replaced the previous Homefirst Guarantee Scheme promoted by Builtin NZ Limited and provided by CBL Insurances Limited.

The Halo Guarantee Scheme is tailor made for and exclusively available to NZCB business members. It has five key components which are considered essential for NZCB’s flagship guarantee product:

• Market leading comprehensive cover for the homeowner • Simple and flexible administration • Competitive premiums • Credible and financially secure underwriter(s) • Provides direct protection for the builder

1.2 Policy Underwriters and Broker Underwriter: The Halo 10 Year Residential Guarantee is underwritten by Lloyd’s of London.

Lloyd’s is the oldest and one of the largest insurance underwriters globally; underwriting insurance risks throughout the world. Unlike most other insurance underwriters, Lloyd’s is not a company, it’s an organisation where members join together as syndicates to insure risks.

Lloyd’s financial strength comes from its unique capital structure, underpinned by its members, which provides excellent financial security to policy holders. Lloyd’s currently has a financial rating of A+ (Strong) from Standard & Poors and an ‘A’ (Excellent) rating from A. M. Best.

Broker: BrokerWeb Risk Services Limited (BWRS) have been appointed as the insurance brokers and advisors to New Zealand Certified Builders for the Halo Guarantee. BWRS’s Bay of Plenty regional office in Tauranga is the primary contact point, however BWRS has offices throughout New Zealand.

Any enquiries can be made to the Tauranga office helpline on 0800 644 444 or by email to [email protected].

1.3 Mandatory Policy The Board of New Zealand Certified Builders has adopted a policy that requires all Business Members of NZCB to take out the Halo 10 Year Residential Guarantee on all residential projects (both new and alterations) that are $30,000 (incl GST) or over. This includes new builds, additions and alterations, labour only contracts and spec builds.

The landscape of liability for you as a builder, as well as the expectations of the average homeowner, have changed significantly over recent years and will continue to come under greater scrutiny in the future.

It is important for our members and our brand that the Association provides some consistent security for homeowners.

The decision to make the guarantee mandatory enabled the Board to negotiate a much wider policy coverage with the underwriters as they could offer a guaranteed block of business upheld by industry leading builders.

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mailto:[email protected]


You will find that in comparison to NZCB’s old guarantee, Halo provides much wider protection for the homeowner and unlike before, provides significant cover for the builder.

Note: Although it isn’t mandatory, you can get the Halo 10 Year Residential Guarantee for residential contracts valued under $30,000 (incl GST)

2. HALO GUARANTEE COVER

2.1 Benefits for the homeowner The Halo Guarantee provides cover to the homeowner in two sections:

Section 1.1: Cover Prior to Completion of the Works: • Loss of deposits if the works do not get started *• Cost to complete the works if they are started but not completed *• Cover for contract variations during construction provided both you (the builder) and the homeowner

have agreed to the variations in writing * **

Section 1.2: Cover After Completion of the Works (Defects Insurance Period): • 10 year cover for structural defects including weather tightness issues caused by you (the builder) or

your employees• 10 year cover for non-structural defects caused by you (the builder) or your employees**• 10 year cover for faulty materials and goods you (the builder) supply** • 10 year cover for structural defects caused by your (the builder’s) sub-contractors (including their

employees) • 10 year cover for non-structural defects caused by your (the builder’s) sub-contractors (including their

employees)** *Cover up to 20% of the contract sum insured up to a maximum of $500,000 (incl GST) **New or enhanced cover

Note: For full coverage details please refer to the Halo 10 Year Residential Guarantee Policy wording

2.2 Sum insured The Provisional Sum Insured under the Halo Guarantee is the Original Contract Price declared on the application form. This will be changed to the Final Sum Insured using the Final Contract Price declared on the Certificate of Practical Completion.

The application form asks for the ‘Original Contract Price’ which means the value of your contract i.e. the price noted on your NZCB Building Contract. When you are doing a labour only job, the contract value should be treated as a minimum sum insured, however, depending on the work you are undertaking and the value of the entire scope of works, this sum insured may not be sufficient in a worst-case scenario. Consider that the cover extends not only to fixing any defect but also any damage to existing structures caused by the defect.

With this in mind, we encourage you to use your own discretion to determine what value is appropriate. If you apply for the Halo Guarantee with a selected value over and above your contract price, we ask that you make note of this clearly on the application.

A similar approach might be appropriate when you are doing additions and alterations, however, your Public Liability policy may cover you for damage to the existing house arising from the defect. It is important to note that

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not all Public Liability policies provide this cover so it is recommended that you make an allowance for damage to the existing works arising from a defect as well.

The Halo Guarantee provides cover for any contract variations which have been agreed upon in writing by both the homeowner and the builder prior to completion of work. If you are unsure of the value of the variation, we suggest you describe the work you are undertaking as a variation to the original scope of works and have it agreed upon in writing between yourself and the homeowner. Then when the contracted work has finished, the Certificate of Practical Completion will capture the value of the variation to the original contract price and, if need be, an additional premium will be charged. However, if the value of the variation is likely to be above 20% of the contract sum insured, please forward BWRS a copy of the variation description so that they can make note of it and charge the additional premium if required.

2.3 Cover commencement Section 1.1 of the Halo Guarantee (Cover Prior to Completion of the Works) commences at the date of the signing of the building contract or the commencement of the building works (whichever is the earlier) and ends at the Possession Date or the Completion Date (whichever is the earlier).

Section 1.2 of the Halo Guarantee (Cover After Completion of the Works/Defects Insurance Period) commences on the Possession Date or the Completion Date (whichever is the earlier) and ends on the 10th anniversary of that date.

Note: If the head contractor gives the homeowner possession of the dwelling before practical completion, the cover provided during the construction period (Section 1.1) ceases and the Defects Insurance Period (Section 1.2) starts. This means the homeowner no longer has cover for non-completion from the date of possession.

2.4 Policy exclusions There are policy exceptions and exclusions within the Halo Guarantee. You should make yourself familiar with them by reading the Halo 10 Year Residential Guarantee Policy wording which is available on the Halo Guarantee Page on the Members ToolShed (nzcb.nz).

Works that are not covered under the Halo Guarantee include: • Works outside the dwelling and outbuildings footprint • Work not included in the Building Contract • Materials not supplied under the Building Contract • Works such as landscaping, gardens, driveways and other improvements

Note: Please read the policy wording to familiarise yourself on what other works aren’t covered.

2.5 Builders Sleep Easy Indemnity Cover The Halo Guarantee provides unique protection for you (the builder) under the Waiver of Subrogation and Indemnity. This is a benefit exclusive to NZCB Business Members. It is an indemnity from the insurer, which we have called “Sleep Easy” cover.

If the homeowner makes a claim during the build period or the first year of the Defects Insurance Period, the Lloyd’s underwriter will pay the claim and recover the claim pay-out from you (the builder). This is normal under all residential guarantee insurance policies. However, after the first year of the Defects Insurance Period, the Lloyd’s underwriter will pay the claim and waive the right to recover the claim pay-out from you (the head contractor/builder). This cover extends to your employees and any sub-contractors who are business members of NZCB. Furthermore, if the defect was caused by one of your material’s suppliers or a non NZCB sub-contractor and the Lloyd’s underwriter decide to sue the supplier/sub-contractor to recover the claim costs, they will pay your legal costs if you are joined as a co-defendant by the material’s supplier/non NZCB sub-contractor etc.

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Note: The Sleep Easy cover is a separate document/policy tied back to the Halo 10 Year Residential Guarantee but issued separately to you (the builder) for each guarantee that is taken out. It is important that the Waiver of Subrogation and Indemnity wording is kept confidential to the builder as this provides unique protection to the builder only.

2.6 Non-residential buildings BrokerWeb Risk Services can also provide guarantee insurance for the likes of:

• buildings that include small office and/or industrial units, with residential accommodation above • farm buildings • motel complexes • preschool nurseries play centres, and kindergartens

The application may need to be referred and a special premium and policy excess applied.

Contact BrokerWeb Risk Services for more information on this (0800 644 444).

3. HALO ADMINISTRATION

3.1 Presenting the Halo Guarantee to the homeowner The Halo Guarantee should be discussed with the homeowner from day one. It’s a great way to promote yourself when quoting a new job. Consider it a fundamental component to your premier service which cements the fact that you are a cut above the rest.

During the initial meetings with the homeowner you can hand over the Halo Guarantee brochure. These professionally printed brochures can be ordered from our online shop free of charge in the Members ToolShed. There is also an electronic version that can be downloaded and attached to emails.

It is also important to include details of the Halo Guarantee on your disclosure statement. A reminder that this is a legal requirement now for any work over $30,000 (incl GST). Please refer to the guarantee and warranties section of your disclosure statement. To meet regulation, it is best to attach the entire Halo Guarantee Policy wording to your disclosure statement.

3.2 Application process Download and print off the application form from the Members ToolShed

The builder completes the application

The homeowner signs the application (when they are signing the building contract)

The builder emails the application form to [email protected]

BrokerWeb Risk Services will process the application and email the builder an invoice along with payment instructions

The builder pays the invoice (within 14 days) and upon receipt of payment, BrokerWeb Risk Services will email policy documents to the homeowner and the builder

When the contracted work has finished, the builder and the homeowner complete the Certificate of Practical Completion (then email it to BWRS)

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Helpful tips: • Complete all the questions • Make sure that the owners email address is correct as this is where the policy documentation is sent. • If you are using a Cost and Margin Contract, use the estimate for the Original Contract Price. • The same application form can be used for any type of contract (full, labour only, alterations etc). • Don’t forget to note down the Lot and DP number • Make sure the form is completed and processed when the contract is signed or before the work begins

(whichever is earlier)• There is no restriction on how many dwelling units can be insured under the Halo Guarantee but a

separate application needs to be made for each unit as well as a separate premium charged for each.• The Lloyd’s policy restricts cover to buildings of three stories or less (excluding any basements) - cover

may be available on special application, which BWRS may need to refer • Please pay the invoice within 14 days (note: no statement will be issued)

Policy documents: Once the premium has been received, BrokerWeb Risk Services will send out the following policy documents:

• The homeowner will receive an email with the policy wording and schedule • You (the builder) will receive an email with a copy of the policy schedule (showing details of the property

insured) as well as a receipt for the premium paid and the Sleep Easy Indemnity Cover document.

3.3 Premium payment BrokerWeb Risk Services will email you an invoice for the premium once the application form has been submitted and processed - this usually takes up to 3-4 working days. Premium payment is required within 14 days of receiving the invoice. The best way to address the Halo Guarantee premium charge is if you (the builder) pay the premium to BWRS yourself. We do however, encourage you to ensure that the premium charge is incorporated into the contract price. Treat it as you would your fixed overheads or admin (P&G) costs.

3.4 Transferring to subsequent homeowners The definition of the Building Owner in the Halo policy now includes any subsequent owners of the property provided they are registered on the Certificate of Title to the property. Therefore, the Guarantee automatically transfers to any subsequent homeowners; irrespective of how many times the property changes hands during its 10 year period of cover. The automatic transfer gives the homeowner a great selling point when they put their property on the market as they can promote the fact that their home comes with the balance of the Halo 10 Year Residential Guarantee. It also means that the builder’s Sleep Easy Indemnity Cover carries over for the full 10 years.

If the new owner or their bank/solicitor wants the policy to be endorsed over to the new owner, there is a transfer administration fee of $150 + GST. In order to do this the solicitor who acts for the new owner will need to request that BWRS have the new owner endorsed onto the policy.

3.5 Certificate of Practical Completion When the contracted work has finished, the builder and the homeowner need to complete and sign a Certificate of Practical Completion (CPC) which captures the date of possession along with the final contract price. The CPC form will be emailed to you (the builder) with the initial invoice for the premium. The completed CPC needs to be sent to BWRS so that the date and final sum insured is noted on the policy and a revised policy schedule sent to the homeowner and a copy to you (the builder). There may be an additional premium charge if the final sum insured takes the sum insured into the next premium rating band. If this happens you will get an invoice for the additional premium to pay.

It is important that the CPC is completed and sent to BWRS as this is what triggers the beginning of the Defects Insurance Period as well as the builder’s Sleep Easy Indemnity Cover.

Note: BWRS take no responsibility for the CPC form not being completed or returned to BWRS.

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3.6 Claims process Any claim under the Halo Guarantee policy must be lodged by the homeowner as they are the owner of the policy. Claims can be lodged by phoning Archer Group Limited on +64 9 307 3346 or emailing [email protected] (Archer Group Limited is the Lloyd’s Coverholder Representative in New Zealand for the Halo Guarantee insurance); or by contacting BWRS on 0800 644 444 or [email protected].

Note: If the homeowner doesn’t lodge a claim, you (the builder) are still liable for a defect. Under the Building Act (and other law) you are liable for any defects during the 10 Year guarantee period, irrespective of whether a claim has been made under the policy or not. The builders Sleep Easy Indemnity Cover does not trigger if the building owner doesn’t lodge a claim.

HALO CHECKLIST for the builder

Tick when completed

1) Provide the homeowner with your Disclosure Statement and attach the Halo 10 Year Residential Guarantee Policy wording

2) Complete the application process as detailed on page 4 (note: application should be signed bythe homeowner when they are signing the building contract)

Date application emailed to BWRS: _____/_____/_____

3) Pay the premium to BrokerWeb Risk Services (due 14 days after invoice is issued)

Date premium paid to BWRS: _____/_____/_____

4) Ensure all variations to the building contract are agreed upon in writing between yourself (thebuilder) and the homeowner so that they are covered by the Halo Guarantee (note: any variations more than 20% of the contract sum insured up to a maximum of $500,000 will need to bereferred to BWRS)

5) Email the completed Certificate of Practical Completion to BWRS once the contracted work has finished

Date emailed to BWRS: _____/_____/_____

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HALO PREMIUMS AND EXCESSES IMPORTANT NOTICE: In 2015 the New Zealand Government announced changes to GST legislation which means that Lloyd’s underwriters are required to charge and bring into account GST on all New Zealand insurance contracts. As a result, GST will be charged on the Halo 10 Year Residential Guarantee Insurance Policy premiums from 1 October 2016 onwards.

Excesses: The policy excesses, which will be payable by the property owner, are:

Premiums: The premiums, which will be charged inclusive of GST, are:

Note: The Halo Guarantee automatically transfers to any new owners when the home is sold. However, if the new owner (or solicitor) would like to see their name noted on the policy, there will be an endorsement fee of $150 + GST. The premiums above may be subject to change.

Claims notified after the completion of the works:

Within 3 months of Possession Date Ni l

After 3 months but within 12 months of Possession Date $500

After 12 months of Possession Date $750

Claims notified prior to completion of the works: Ni l

Building Contract Value (incl. 15% GST) Guarantee Fee (excl. GST)

Guarantee Fee (incl. 15% GST)

U p to $30� 000 $300� 00 $345� 00

$30� 0 01 to $50� 000 $495� 00 $569� 25

$50� 0 01 to $10 0� 00 0 $570� 00 $655� 50

$100� 001 to $1 50� 0 00 $665� 00 $764� 75

$150� 001 to $2 00� 0 00 $740� 00 $851� 00

$200� 001 to $2 50� 0 00 $825� 00 $948� 75

$250� 001 to $3 00� 0 00 $900� 00 $1� 03 5� 00

$300� 001 to $3 50� 0 00 $1� 04 5� 00 $1� 20 1� 75

$350� 001 to $4 00� 0 00 $1� 11 5� 00 $1� 28 2� 25

$400� 001 to $5 00� 0 00 $1� 23 5� 00 $1� 42 0� 25

$500� 001 to $6 00� 0 00 $1� 33 0� 00 $1� 52 9� 50

$600� 001 to $7 50� 0 00 $1� 52 0� 00 $1� 74 8� 00

$750� 001 to $1� 000� 000 $1� 66 0� 00 $1� 90 9� 00

$1� 00 0� 001 to $ 1� 50 0� 000 $1� 85 0� 00 $2� 12 7� 50

$1� 50 0� 001 to $ 2� 00 0� 000 $2� 24 0� 00 $2� 57 6� 00

$2� 00 0� 001 to $ 2� 50 0� 000 $2� 48 0� 00 $2� 85 2� 00

$2� 50 0� 001 a nd abo v e Pr i ce o n Appl i cat i on

Pr i ce o n Appl i cat i o n

Continued over page…

Application Form

HALO 10 YEAR RESIDENTIAL GUARANTEE INSURANCE Exclusive to members of New Zealand Certified Builders Association. Please ensure this application is completed in full

BUILDER REFERENCE NO. 5555

CONTRACTING PARTIES

Builder

Legal Name of Builder: John Smith Building Limited

Trading Name (if different from above): N/A

Postal Address: 1 Hammer Road, Tauranga Central, Tauranga Postal Code: 3310

Email Address: [email protected] Ph No: ( 07 ) 855 8888 Mobile: ( 027 ) 7777777

Owner

Full Name as Stated in the Building Contract: (if a Trust, please provide full names of all trustees):

Robertson Family Trust (Jack and Jill Robertson as Trustees)

Postal Address: 22 Spanner Terrace, Judea, Tauranga Postal Code: 3601

Email Address: [email protected] Ph No: ( 07 ) 586 5553 Mobile: ( 021 ) 788 2130

CONTRACT SITE

Site Details: Lot: 2 D.P.: 45607 C.T. No.: 6A/1456

Site Address: 1 Tool Street, Papamoa, Tauranga

CONTRACT TYPE

Construction Contract Type: Fixed Price Plus

CONTRACT DETAILS

Original Contract Price: $800,000 Deposit: $40,000 Date Contract Signed: 01/01/2017

Expected Start Date of Building Work: 01/02/2017 Expected Completion Date of Building Work: 01/08/2017

Type of Work: ☒ New ☐ Alteration/Addition

BUILDING DETAILS

Intended use of Domestic Building: Solely Residential: ☒ Yes ☐ No Spec House: ☐ Yes ☐ No

If not solely residential, provide details:

Number of Buildings: 1 Number of storeys in each Building: 2

If an alteration: Does the contract include any Remedial Work? ☐ Yes ☐ No Approximate Age of Existing Building:



BUILDING WORK DETAILS

Description: (Describe in general terms the type of building Work to be carried out)

New residential build – 4 bedrooms, 2 bathrooms and attached garage.

List the person(s) who will be carrying out the Building Work:

John Smith and employees/sub-contractors of John Smith Building Limited

List the materials or products to be used in carrying out the Building Work (if known):

Roof: Long run iron

Floors: Concrete and timber

Framing: Timber

Cladding: Timber weatherboard and brick

Details of any remedial work or alterations being carried out: N/A

CONSTRUCTION MANAGER: John Smith

SUPERVISOR: John Smith

OTHERS: Employees and sub-contractors of John Smith

Note: All subcontractors, services, materials arranged, supplied or paid for directly by the Owner do not from part of the building contract and are excluded from this 10 Year Residential Guarantee Insurance.

AGREEMENT AND DECLARATION

The Owner(s) and Builder agree that: This application forms the basis of, and will become incorporated into this 10 Year Residential Guarantee Insurance now being applied for by the Builder for the benefit of the Owner(s). Archer Group Limited (the “Company”) and/or its representatives are authorised to obtain from any other party information they consider relevant for the assessment of the application which the company may retain. The Company and/or its representatives are authorised to disclose information contained in this application together with any other information obtained in assessing the application. This 10 Year Residential Guarantee Insurance being applied for is not effective until this application has been accepted and the Company has received the appropriate premium. An acceptance letter and the 10 Year Residential Guarantee Insurance policy will be sent to the Owner(s) once cover has been confirmed.

Signed for and on behalf of:

The Builder The Owner(s):

Name: John Smith Name: Jack and Jill Robertson

Signature: Signature:

Date: 01/12/2016 Date: 01/12/2016

A copy of the 10 Year Residential Guarantee policy wording is available at www.bwrs.co.nz/buildersguarantee

MAIL TO: BrokerWeb Risk Services Limited, P. O. Box 911 Seventh Ave, Tauranga 3140

EMAIL TO: [email protected]

FOR ALL ENQUIRIES PLEASE PHONE THE BWRS HELP LINE: 0800 644 444

Continued over page…

Application Form

HALO 10 YEAR RESIDENTIAL GUARANTEE INSURANCE Exclusive to members of New Zealand Certified Builders Association. Please ensure this application is completed in full

BUILDER REFERENCE NO.

CONTRACTING PARTIES

Builder

Legal Name of Builder:

Trading Name (if different from above):

Postal Address: Postal Code:

Email Address: Ph No: ( ) Mobile: ( )

Owner

Full Name as Stated in the Building Contract: (if a Trust, please provide full names of all trustees):

Postal Address: Postal Code:

Email Address: Ph No: ( ) Mobile: ( )

CONTRACT SITE

Site Details: Lot: D.P.: C.T. No.:

Site Address:

CONTRACT TYPE

Construction Contract Type:

CONTRACT DETAILS

Original Contract Price: $ Deposit: $ Date Contract Signed:

Expected Start Date of Building Work: Expected Completion Date of Building Work:

Type of Work: ☐ New ☐ Alteration/Addition

BUILDING DETAILS

Intended use of Domestic Building: Solely Residential: ☐ Yes ☐ No Spec House: ☐ Yes ☐ No

If not solely residential, provide details:

Number of Buildings: Number of storeys in each Building:

If an alteration: Does the contract include any Remedial Work? ☐ Yes ☐ No Approximate Age of Existing Building:

BUILDING WORK DETAILS

Description: (Describe in general terms the type of building Work to be carried out)

List the person(s) who will be carrying out the Building Work:

List the materials or products to be used in carrying out the Building Work (if known):

Roof:

Floors:

Framing:

Cladding:

Details of any remedial work or alterations being carried out:

CONSTRUCTION MANAGER:

SUPERVISOR:

OTHERS:

Note: All subcontractors, services, materials arranged, supplied or paid for directly by the Owner do not from part of the building contract and are excluded from this 10 Year Residential Guarantee Insurance.

AGREEMENT AND DECLARATION

The Owner(s) and Builder agree that: This application forms the basis of, and will become incorporated into this 10 Year Residential Guarantee Insurance now being applied for by the Builder for the benefit of the Owner(s). Archer Group Limited (the “Company”) and/or its representatives are authorised to obtain from any other party information they consider relevant for the assessment of the application which the company may retain. The Company and/or its representatives are authorised to disclose information contained in this application together with any other information obtained in assessing the application. This 10 Year Residential Guarantee Insurance being applied for is not effective until this application has been accepted and the Company has received the appropriate premium. An acceptance letter and the 10 Year Residential Guarantee Insurance policy will be sent to the Owner(s) once cover has been confirmed.

Signed for and on behalf of:

The Builder The Owner(s):

Name: Name:

Signature: Signature:

Date: Date:

A copy of the 10 Year Residential Guarantee policy wording is available at www.bwrs.co.nz/buildersguarantee

MAIL TO: BrokerWeb Risk Services Limited, P. O. Box 911 Seventh Ave, Tauranga 3140

EMAIL TO: [email protected]

FOR ALL ENQUIRIES PLEASE PHONE THE BWRS HELP LINE: 0800 644 444

This Certificate needs to be completed by the Owner when the Building Work has achieved Practical Completion.

Date of Possession/Practical Completion: (Day) (Month) (Year)

Final Contract Price (incl GST) $

Site Details: Lot DP Title:

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