2.2-4308.1 - Purchase of owner-controlled insurance in construction projects.
§ 2.2-4308.1. Purchase of owner-controlled insurance in construction projects.
A. Notwithstanding any other provision of law to the contrary, a public bodymay purchase at its expense an owner-controlled insurance program inconnection with any public construction contract where the amount of thecontract or combination of contracts is more than $100 million, provided thatno single contract valued at less than $50 million shall be combined pursuantto this section. The public body shall provide notice if it intends to use anowner-controlled insurance program, including the specific coverages of suchprogram, in any request for proposal, invitation to bid, or other applicableprocurement documents.
B. A public body shall not require a provider of architecture or professionalengineering services to participate in the owner-controlled insuranceprogram, except to the extent that the public body may elect to secure excesscoverage. No contractor or subcontractor shall be required to provideinsurance coverage for a construction project if that specified coverage isincluded in an owner-controlled insurance program in which the contractor orsubcontractor is enrolled.
C. For the purposes of this section, "owner-controlled insurance program"means a consolidated insurance program or series of insurance policies issuedto a public body that may provide for some or all of the following types ofinsurance coverage for any contractor or subcontractor working on or at apublic construction contract or combination of such contracts: generalliability, property damage, workers' compensation, employer's liability,pollution or environmental liability, excess or umbrella liability, builder'srisk, and excess or contingent professional liability.
(2006, cc. 569, 605.)