@Edward Moore
Finally a question on BP I feel well qualified to answer!! Haha
Yes! The LLC absolutely needs Commercial General Liability insurance and Property Policy (or Builders Risk policy is major construction is taking place). Get it for all your company and it will just follow along to every project.
I love explaining insurance and I’m big in examples, so I’ll dive in...
GL:
Your insurance for the GC covers the work/operations of the GC, as well as any garage/office/shop/premises owned by the GC. It does not the work/operations of, or premises owned by the investment LLC. You may be able to structure the policy with both entities as Named Insureds. If it's a low cost policy (under $10k) probable not but Speak with your agent about that.
Scenario 1
If you have a broker out to the property for a sales meeting, he's likely there to do business with the LLC, not the GC. So that's the LLC's operation. If he slips and falls, he'll sue the LLC. He probably has no recourse against the GC.
Scenario 2
This will get complicated, but I’ll try to break it down as best I can. In the insurance world there is a term called “Third Party Action Over”. What this means is a sub contractor (third party) sues (action) the property owner directly (OVER the contractor) when he gets injured on the job. You’re probably thinking, but that’s why the GC and subs carry Workers Compensation coverage. But what if he doesn’t? Maybe it be lapsed, or he is an independent contractor and exempt, or maybe you sub is using under-the-table labor. That injured person has no recourse for that injury, so there only recourse becomes suing the property owner and they will! There are even cases where the injured person collects WC and still sues the property owner! This could happen for any number of reasons, doesn’t make sense to go deep in to them now.
I could give SEVERAL more but these two do a good enough job.
Property:
If the LLC owns the property, they need to carry property insurance for the property. This covers you for direct physical loss to the building. Because property policies are often packaged with a liability component A lot of people think they are one in the same. They are not! Property = 1st party direct physical loss. Liability = 3rd party loss (in the form of bodily injury or property damage).
Builders risk:
Buildings in the course of major construction often don’t quality for property coverage. They’ll be insured on a BR form which may cover some combination of the actual cash value of the existing structure and the replacement cost of any renovation. Or in the case of new construction, the replacement cost o through various courses/stages of construction (it essentially scales with the project). Speak with your agent about this. If the work is light, you’re probably fine woth a property policy but if your taking things down to the studs, you might find some problems with a standard property policy.
Finally, and I can’t stress this enough, GET A GOOD SUBCONTRACTOR AGREEMENT! Make sure it has provisions for ALL the insurance they need to carry, make sure it indemnifies you for injury they cause, make sure they hold you harmless if they are injured on your site. These are far more important that insurance. Insurance stops the leak, a good contract prevents the leak.