Insurance explained
Delay in start-up insurance is cover for the income a construction project owner loses when insured physical damage during the works delays completion. It matters because contractors' all risks pays for repairs, not the lost profit, rent or interest while opening is delayed.
Part of: Commercial insurance
In short
Delay in start-up (DSU) insurance, also called advance loss of profits, pays a project owner's lost gross profit, revenue, rent or extra finance costs when insured damage during construction pushes completion past the scheduled date. It is linked to the CAR or contract works policy, so the delay must be caused by physical damage insured there. Cover runs for a maximum indemnity period after a time excess of a stated number of days. It is usually bought by employers, developers and owners, often at a funder's request, and is not a substitute for, nor the same as, the contractor's liquidated damages.
When a construction project is damaged before completion, contractors' all risks (CAR) cover usually pays to repair the physical damage. It does not pay for the income the finished project would have earned while the repair pushes back the opening date. Delay in start-up (DSU) insurance, also called advance loss of profits (ALOP), fills that gap.
A paper published by the Chartered Institute of Loss Adjusters describes these covers as insuring loss of income resulting from an insured delay in commercial start-up of the project, and notes they are generally linked to CAR cover by a material damage proviso. In practice that means:
Delays without insured damage, such as planning problems, late design or labour shortages, are not covered. That is the single most important feature of the product.
| Usually covered, subject to terms | Usually not covered |
|---|---|
| Loss of anticipated gross profit or revenue from the delayed project | Delay without insured physical damage, such as late design, planning or supply problems |
| Loss of anticipated rent from a delayed building | Damage excluded under the CAR policy, such as the cost of correcting defects |
| Additional interest on project finance during the delay | Delay within the time excess at the start of the claim |
| Fixed costs that continue while income is delayed | Loss beyond the maximum indemnity period |
| Reasonable extra costs to recover lost time, such as overtime or expediting | Contractual penalties and liquidated damages the insured owes to others |
| Delay caused by insured damage to key items in transit, where included | Interruption after handover, which belongs to operational business interruption |
The CILA paper lists four related forms: loss of advance profits, loss of advance revenue, loss of advance rental and loss of additional interest. A project may need more than one. If you are unsure whether profit or revenue is the right measure, our page on gross profit vs gross revenue explains the difference in ordinary business interruption, and the same thinking applies.
Two numbers shape every DSU policy.
The CILA paper warns that careless definitions of the indemnity period cause problems, giving the example of one commencing at the date of the damage. DSU is about delay to the scheduled completion, so the wording should be clear on when the indemnity period starts and how the scheduled date is fixed.
Illustrative example: a hotel is due to open on 1 June. A fire during fit-out damages the plant room, and repairs and replacement plant push opening to 1 October. With a time excess of a stated number of days, the policy would pay the hotel's lost gross profit for the rest of the four month delay, within the maximum indemnity period and subject to the terms.
DSU is usually bought by whoever will earn the income from the finished asset, often with lenders noted as interested parties.
Illustrative example: a developer is building student accommodation that must open for the start of the academic year. Storm damage to the partly finished roof delays completion past September. DSU written as loss of advance rental could respond to the lost rent, subject to the policy terms and any time excess.
Contractors rarely buy DSU for themselves, because it protects the owner's income, not the contractor's margin. They are, however, closely involved in a claim, because the programme and critical path drive the measure of delay.
Owners sometimes assume that liquidated damages (LDs) in the building contract will cover lost income if the project runs late. There are two problems with relying on them for insured events.
DSU also differs from operational business interruption insurance. Business interruption protects an existing, trading business; DSU protects income that has not started yet. Once the project is handed over, the owner's ordinary property and business interruption policy takes over.
The insurance arrangements in the building contract matter too. The JCT explains that under its Insurance Options the works are insured by the contractor (Option A) or the employer (Option B), and that Option C applies to work in or extensions to existing structures. Our page on JCT insurance options A, B and C sets these out, and DSU should be aligned with whichever CAR policy responds.
Apex arranges construction insurance, including CAR and DSU for project owners; a broker reads every enquiry.
They are generally used to mean the same thing: insurance for income lost when insured damage during construction delays a project's completion. ALOP, or advance loss of profits, is the older term; delay in start-up is more common on larger and international projects. The policy wording, not the label, decides what is covered.
Usually not. Contractors' all risks insurance pays to repair or replace damaged works, plant and materials. It does not normally pay for the owner's lost income while the project is delayed. That income loss is what delay in start-up insurance is designed to cover, subject to its terms.
Usually the party that will earn income from the completed project, such as the employer, owner or developer. Lenders often require it or ask to be named. Contractors rarely buy it for themselves, because it protects the owner's anticipated revenue rather than the contractor's own costs.
A time excess is a number of days of delay that the insured bears before the policy starts to pay. It is used instead of, or alongside, a monetary excess. The length is agreed when the policy is placed and should be shown in the schedule.
Normally no. DSU responds to delay caused by physical damage insured under the linked CAR or contract works policy. Delays from design changes, planning, labour shortages or late supply without damage are generally outside cover.
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