It only makes sense that the people closest to any given situation have the best ability to control it, protect it, or maintain it.  By that same logic, those same frontline people have the most riding on the ongoing safety of any variables impacting that situation.

Managing risk effectively, in other words, stands the best chance when those closest to the potential for risk take responsibility for it.  In the business world, this concept goes by the term contractual risk transfer.

This represents a legally binding way to transfer risk to the party that may be in the best position to control the risks related to the service to be provided.  It involves the use of contractual obligations, such as indemnity and exculpatory agreements, waivers of recovery rights, and “hold harmless” insurance requirements that pass along to others what would otherwise be one’s own risks of loss.

Most often, it means transferring the risk of injury or property damage caused by a company you hired – a subcontractor, vendor, or supplier, for instance – through a contract or insurance policy.  Say, for example, a commercial property tenant assumes the risk for keeping sidewalks clear, or an apartment complex transfers the risk of theft to a security company, or a subcontractor assumes the risk for work performed for a contractor on a property.

Contractual risk transfer actually benefits all parties involved.  The primary party can take comfort that the secondary party – the subcontractor or vendor – will carry out its responsibilities, since it has accepted responsibility for the risk.  Entering into these risk transfer agreements can also lower the cost of insurance for the primary party.

At the same time, the secondary party can benefit from agreeing to contractual risk transfers because it opens the door to increased business relationships and revenues – while also helping to ensure that its employees are well trained, diligent, and responsible.

The professionals at The Reschini Group can help you determine the viability, advantages, and details of entering into contractual risk transfer agreements, to put the responsibility of risk where it makes the most sense.  Contact them to learn more.

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The Reschini Group provides these updates for information only, and does not provide legal advice.  To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.