(February 2024)
This
endorsement can be attached to any builders risk coverage form except for the
IM 7980–Builders Risk Civil Works Project Form. It provides coverage for four
green construction costs related to green certification standards in the
construction of covered buildings and structures.
IM
7078–Green Building Schedule must be included to list the coverages and limits
that apply.
Four coverages
are available. A limit must be entered for each coverage selected.
The
named insured may use a certification company other than LEED (Leadership in
Energy and Environmental Design) or Green Globes. In that case, that company
must be listed in the space provided for Alternate Certification Company.
This analysis is of the 07 09 edition.
This
coverage form opens by stating that the references to "rehabilitation and
renovation project" replace "building or structure" if this
coverage form is added to IM 7054–Builders' Risk Coverage–Rehabilitation and
Renovation Form. This does not mean that this endorsement is available only
with the IM 7054. This is merely an accommodation for when the term rehabilitation
and renovation project is used.
Three
definitions are added.
A
building's certification based on an environmental rating system. These systems
evaluate the building's performance and sustainability through positive
environmental design, operation, and management.
LEED or Green
Globes are the standard, but if an alternative certification is used, that Alternative
Certification Company may be entered in the space provided on IM 7078–Green
Building Schedule. A building's certification as green is based on the environmental
rating system that determines the performance and sustainability of the
building through positive environmental design, operation, and management that
company establishes.
Equipment
that generates electricity by using renewable resources, such as solar, wind,
geothermal energy, low impact hydro, biomass, or biogas systems.
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A
water reclamation and conservation system. The plumbing system, underground
pipes and pumps, reservoirs, holding tanks, and structures that collect
rainwater and/or groundwater are all considered part of this system. However,
to be considered part of the system, they must be at or within 500 feet of a
covered building or structure and be designed to circulate gray water, ground
water, or rainwater to a building's non-potable water supply, an onsite water
treatment facility, or an outdoor irrigation holding facility. Equipment
intended solely for landscape irrigation is not included unless it is part of the
overall water reclamation and conservation system.
There
are four types of green construction costs coverages that may be selected. The
costs must be reasonable and necessary and relate to complying with green
certification standards in constructing, erecting, or fabricating a covered
building or structure.
This
coverage applies if the box for Indoor Air Quality on IM 7078–Green Building
Schedule is checked and a limit entered in the space provided.
a.
Coverage
The
insurance company pays the named insured's costs to restore indoor air quality
to the standard it set in its Indoor Air Quality Management Plan for the
covered building or structure. This applies only when the building or structure
first sustains direct physical loss or damage from a covered peril. The company
covers these costs only to the degree that the standard was achieved before the
loss occurred. The named insured's Indoor Air Quality Management Plan must align
with the measures specified for green certification.
b.
Cost to Restore Air Quality
These
are costs to test indoor air quality, air-flushing procedures as specified for
green certification (but only for the space repaired or replaced) and replacing
filters other than those that process only outside air.
c.
Limit
The
Indoor Air Quality Limit on IM 7078–Green Building Schedule is the most paid in
any one occurrence for the costs to restore indoor air quality.
This
coverage applies if the box for Recycling Debris on IM 7078–Green Building
Schedule is checked and a limit entered in the space provided.
a.
Coverage
The
insurance company pays the named insured's costs to divert debris of damaged
property that can be recycled to a recycling facility instead of to a landfill
when a covered building or structure sustains direct physical loss or damage
from a covered peril.
b.
Coverage Limitation
Only
debris from a covered loss to the building or structure can be diverted.
Example: An earthquake followed by a fire damages
the Fun and Games building under construction. Only the fire loss is covered.
The insurance company pays the costs to divert the fire-related debris to a
recycling facility, but Fun and Games is required to pay to transport the
earthquake-related debris to that same facility. |
c. Limit
The Recycling Debris Limit on IM 7078–Green Building
Schedule is the most paid in any one occurrence for the costs to recycle
debris.
This
coverage applies if the box for Recertification on IM 7078–Green Building
Schedule is checked and a limit entered in the space provided.
a.
Coverage
The
insurance company pays the named insured's costs to recertify the covered
building or structure according to green certification standards. This applies
only when a covered building or structure first sustains a direct physical loss
or damage from a covered peril.
b.
Recertification Costs
These
are certification fees and costs for certified engineers and consultants required
for green certification.
c.
Coverage Limitation
The
recertification costs are capped at no more than those required to achieve the
level of green certification that existed prior to the loss.
Example:
Jones and Company is at the Bronze LEED Certification level. Its five-year
rehabilitation plan is to retrofit to achieve Silver Certification. It is
making progress, but a fire stops its progress. When it makes repairs
following the fire. Jones decides to pay the additional costs to finally achieve
Silver Certification. The insurance company will pay for the Bronze LEED recertification
costs, and Jones will pay the additional costs needed to obtain the Silver Certification.
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d. Limit
The
Recertification Limit on IM 7078–Green Building Schedule is the most paid in
any one occurrence for the costs to recertify the building or structure.
This
coverage applies if Electricity or Water Replacement on IM 7078–Green Building
Schedule is checked and a limit entered in the space provided.
a.
Coverage
The
insurance company pays the named insured's costs to purchase replacement
electricity or water from a public utility because its renewable energy
generating equipment or water conservation system sustains direct physical loss
or damage from a covered peril and cannot produce the required electricity or
water.
b.
Coverage Limitation
The
insurance company pays these costs only if the named insured's renewable energy
generating equipment or water conservation system would have produced
electricity or water for its construction project if a loss had not occurred.
c.
Time Limitation
Coverage
only applies until the named insured's renewable energy generating equipment or
water conservation system is repaired or replaced and operates according to
manufacturer's specifications. However, coverage does not extend past the policy’s
expiration date.
d.
Limit
The
Electricity or Water Replacement Limit on IM 7078–Green Building Schedule is
the most paid in any one occurrence for the costs to purchase replacement
electricity or water from a public utility.
The
limit for a Green Construction Cost is separate from the limit that applies for
coverage as described under Property Covered in the applicable Builders' Risk
Coverage Form. It is not part of that limit. The limit cannot be combined with
or added to any other limit.
There
is not a separate deductible for the green coverages.