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Handyman Insurance Opinions: When Certifying a Claim is Required

Tuesday, Jul. 31st 2012 4:00 PM

When it comes to problem-solving, we are often encouraged to “think outside the box.” The idea is to be creative; to look beyond the norm. Well, when it comes to certifying a claim, you’re probably better off simply doing what the FAR tells you to do. The Civilian Board of Contract Appeals made this point clear in URS Energy & Construction v. Dept. of Energy.

As most contractors are aware, all claims over $100,000 must be accompanied by a certification. FAR § 33.207(a). FAR §33.207(c) sets forth the exact language that such a certification must contain. That language is as follows:

“I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

In URS Energy & Construction, the contractor certified its claim to the Department of Energy using language that differed from the FAR:

“I certify that this invoice is correct and in accordance with the terms of the contract and that the costs incurred herein have been incurred, represent the payments made by the Contractor except as otherwise authorized in the payments provision of the contract, and properly reflect the work performed.”

The government asked the CBCA to dismiss the contractor’s claim on the basis that the certification used was defective, thereby depriving the CBCA of subject matter jurisdiction over the claim.

In ruling on the motion, the CBCA noted that “technical” defects in a certification can be cured; however, “[i]f the certification is made with intentional, reckless or negligent disregard for the applicable regulation, it is not correctable.” The CBCA found that the contractor’s claim was made with “intentional, reckless or negligent disregard” because the contractor wholly failed to include a certification that “the claim is made in good faith,” or that “the supporting data [was] accurate and complete to the best of [the contractor’s] knowledge and belief.” Moreover, the certification failed to include a statement that the person signing the certification was duly authorized to certify the claim on behalf of the contractor. Accordingly, the CBCA dismissed the case.

The lesson: certifying a claim is not the time to be creative. The language in FAR §33.207(c) must be reviewed carefully and, unless there is very good reason to diverge from what is identified therein, you are better off simply incorporating it verbatim into your claim. If you cannot attest to those issues required by the FAR, you should think twice about filing a claim at all, for submitting a defective certification, which is true, is far better than submitting a false certification. That is something you should avoid at all costs.

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Insurance might not be the first thing someone thinks about when running a business, but it should be an important consideration.   Handyman insurance is another requirement if you are thinking about starting a handyman business.  This website provides important insurance information on Handyman Insurance Coverage and quotes.

Handyman Insurance Coverage

Handyman insurance includes several types of coverage; each one offers a specific kind of protection for your business.  

(Handyman Insurance ) Commercial Auto: Covers a business's owned, no owned, and hired autos against liability and physical damage losses. 

Handyman Workers Compensation:  If your business as a Handyman employs any staff (including part-time, trainees or sub-contractors), Employers liability insurance cover is a legal requirement.  Employers liability insurance provides protection against your legal liabilities to pay compensation in respect of injury sustained by your employees in the course of your business as a Handyman.  (Handyman Insurance) Workers Compensation: Provides coverage for an employer's responsibility in the event of a work-related injury or illness.   Employers Liability Insurance for handyman work: This type of insurance would cover payment of legal fees and damages in the event that an employee was injured or killed while doing work for you. 

Tradesman Insurance for handymen: This is a package of several different kinds of cover for handymen, making up one policy that meets all your insurance needs.

Public Liability Insurance for handyman work: This type of insurance would cover you if your business activities caused injury or death to a member of the public.

Handyman General Liability - Commercial jobs will require you to have general liability coverage of $1,000,000 to $2,000,000 prior to being hired (not to mention that you protect your assets if something goes wrong on the job).

Products liability insurance for Handymen - Products liability insurance provides protection against your legal liability, compensation costs and expenses following injury or damage by goods that you have sold, supplied, repaired, tested or delivered in connection with your business as a Handyman.  Products Liability insurance for Handymen at 1,000,000 with the option to increase to 2,000,000 up to 5,000,000 or more.  Public Liability insurance cover provides protection against your legal liability for injury to third parties and damage to their property in connection with your business as a Handyman.

Professional Indemnity Insurance for handyman work: This covers you against any mistakes you might make  including bad advice you or your staff might give  that ends up costing your clients money, and leading them to take legal action against you.

(Handyman Insurance ) Umbrella Coverage: A broader form of coverage that extends the limits of liability found in a base policy form. 

Income Protection Insurance - If the essential person should be unable to work for a period of time, this handyman insurance helps to cover the loss of business as a result of the illness or injury.  Having sufficient income protection insurance is also a worth while consideration, if you were to fall off a step ladder or hurt your back and couldnt work, accident, sickness and unemployment insurance could help you to pay for some of your monthly bills in the event of you not being able to work.

The Handyman Insurance Program gives our policyholder comprehensive coverage for their handyman businesses, and the program is designed for Handymen who: Are hired to do a variety of miscellaneous work that would be found in a residential household environment;

Please note that standard home owner's insurance will most likely not cover business assets, and may VOID your home insurance coverage.  If your business is home-based, do you need more liability coverage than your home insurance policy covers. 

The Handyman program gives our policyholder comprehensive coverage for their handyman businesses, and the program is designed for Handymen.

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