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TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 47: Legal Issues with Obtaining Insurance for Large Transit Projects identifies and discusses in detail the legal issues confronting transit agencies seeking to obtain insurance for large transit capital projects. The report covers different types of insurance coverage required for large projects and the types of programs available, including Owner Controlled Insurance Programs and owner’s protective professional indemnity insurance. In addition, the report considers the benefits, advantages, and disadvantages of such programs as compared to consultant- or contractor-provided insurance programs.

The digest also examines how state law affects the ability to assign risk contractually; the current practices for drafting contract provisions to manage risk; competitive procurement and cost analysis issues; methods of obtaining comparative pricing for various insurance options; and the impacts of the various types of insurance programs on owner liability, project and contractor safety, and disadvantaged and small business enterprise project participation.

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Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2014. Legal Issues with Obtaining Insurance for Large Transit Projects. Washington, DC: The National Academies Press. https://doi.org/10.17226/22301.

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Publication Info

66 pages |  8.5 x 11 |  DOI: https://doi.org/10.17226/22301
Chapters skim
Report Contents 1-3
II. LEGAL ISSUES SURROUNDING PROJECT INSURANCE 4-7
III. RISK MANAGEMENT APPROACHES FOR LARGE TRANSIT PROJECTS 8-19
IV. INTRODUCTION TO INSURANCE AND RISK FINANCING SOURCES FOR TRANSIT AGENCIES 20-21
V. TYPES OF AVAILABLE PROGRAMS, POLICIES, AND COVERAGES 22-35
VI. MANAGEMENT AND PROCUREMENT ISSUES 36-41
VII. CASE STUDIES 42-54
APPENDIX A: SURVEY 55-59
APPENDIX B: TYPICAL CONSTRUCTION PROJECT INSURABLE EXPOSURES AND TREATMENT OPTIONS 60-61
ACKNOWLEDGMENTS 62-63

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