                                 CODE OF VIRGINIA

PURCHASE OF OWNER-CONTROLLED INSURANCE IN CONSTRUCTION PROJECTS (§ 2.2-4308.1)

A. Notwithstanding any other provision of law to the contrary, a public body may
purchase at its expense an owner-controlled insurance program in connection with
any public construction contract where the amount of the contract or combination
of contracts is more than $100 million, provided that no single contract valued
at less than $50 million shall be combined pursuant to this section. The public
body shall provide notice if it intends to use an owner-controlled insurance
program, including the specific coverages of such program, in any request for
proposal, invitation to bid, or other applicable procurement documents.

B. A public body shall not require a provider of architecture or professional
engineering services to participate in the owner-controlled insurance program,
except to the extent that the public body may elect to secure excess coverage.
No contractor or subcontractor shall be required to provide insurance coverage
for a construction project if that specified coverage is included in an
owner-controlled insurance program in which the contractor or subcontractor is
enrolled.

C. For the purposes of this section, &#8220;owner-controlled insurance
program&#8221; means a consolidated insurance program or series of insurance
policies issued to a public body that may provide for some or all of the
following types of insurance coverage for any contractor or subcontractor
working on or at a public construction contract or combination of such
contracts: general liability, property damage, workers&#8217; compensation,
employer&#8217;s liability, pollution or environmental liability, excess or
umbrella liability, builder&#8217;s risk, and excess or contingent professional
liability.

HISTORY: 2006, cc. 569, 605.