Page 38 - Barr&Barr_Cost Proposal
P. 38

for that Policy Period.  Loss(es) will be attributed to the Policy Period in which the Project is reported, not the
               year(s) in which the costs and expenses are paid by you or Loss(es) are paid by us;
               Loss does not  include any costs or expenses incurred after completion by the Subcontractor of its scope of
               work, including Post-Completion Obligations, under the applicable Contract, unless a notice of Default was
               issued and reported to us in respect of the relevant material breach giving rise to such Loss prior to the expiration
               of the Post-Completion Obligations Period.
               Loss also does not include any costs or expenses incurred for any Home Office Overhead, including, but not
               limited  to,  Extended  Home  Office  Overhead,  Un-absorbed  Home  Office  Overhead  or  Under  Absorbed  Home
               Office Overhead.

            J.  Policy Period means the period of time as set forth in the Declarations or any shorter period of time arising as a
               result of termination of this Policy.
            K.  Post-Completion  Obligations  means  the  express  provisions  of  a  Contract  that  require  a  Subcontractor  to
               remedy faulty workmanship and/or deficiencies in the materials used within the Post-Completion Obligations
               Period.
            L.  Post-Completion Obligations Period means the fixed period defined by the Contract following completion of
               the  Subcontractor’s  work  during  which  the  Subcontractor  is  required  to  remedy  faulty  workmanship  and/or
               deficiencies in the materials used.
            M.  Prequalification  Procedures  means  the  written  criteria  that  you  have  represented  and  warranted  in  the
               Application that you will adhere to in order to assure that the Subcontractor will be able to carry out the terms
               and conditions of the Contract.

            N.  Project means any construction project(s) reported to us pursuant to subsection IV.N. or listed on any Project
               Addition Endorsement(s) attached to this Policy.
            O.  Project Commencement means the earliest date you first put any building materials, which includes any new,
               altered  or  expanded  foundation,  utility  or  infrastructure  changes  and  commenced  material  operations,  on  the
               project site.
            P.  Residential Building means:
               1.  Any single family dwelling including, but not limited to, houses, town homes or townhouses; or

               2.  Any  multi-family  dwelling  or  mixed  use  multi-family  dwelling  including,  but  not  limited  to,  condominiums,
                   cooperatives,  duplexes,  triplexes  or  fourplexes  constructed,  reconstructed,  remodeled  or  repaired  with  the
                   intent that title to each individual dwelling or dwelling unit will be transferred separately to each owner; or
               3.  Any  other  part,  structure  or  improvement  which  is  attached  to,  included  in  or  ancillary  to  any  structure
                   identified in Subsection II.P.1. or 2. above.
               Residential Building does not include any structure that functions solely as apartments, time shares, a hotel, a
               motel, a nursing home, an assisted living senior housing care facility, a college campus dormitory, or government
               housing on military bases.
            Q.  Subcontractor means:
               1.  Any  legal  entity  that  has  entered  into  a  Contract  with  the  Insured.    Subcontractor  shall  not  include  any
                   affiliate or subsidiary of the Insured now existing or hereafter formed or acquired, whether partially or wholly
                   owned or controlled, or any subsidiary of a subsidiary or affiliate (whether direct or indirect), or partnership or
                   joint venture of the Insured.
               2.  Any above-referenced entity that may become a debtor in possession as such term is defined in Chapter 11
                   of the United States Bankruptcy Code as well as any equivalent statute under similar law.

        III.  EXCLUSIONS
            This insurance does not apply to Loss arising from:
            A.  Any Contract for which a payment and/or performance bond has been procured and under which bond you are
               an obligee.






                                                                                                 U-SGD-100-B CW  (04/16)
                                                                                                           Page 4 of 13
                                 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
   33   34   35   36   37   38   39   40   41   42   43