Legal, Insurance and Plant Theft

Guidance and support on Legal, Insurance, Theft Prevention and Policy for Plant Hire Companies across the UK

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Member Resources  

Legal advice

The CPA offers advice and assistance to Members on Employment Law, Contract Law, Road Transport Law, Commercial Litigation and some aspects of Tax and PAYE.

However, we are unable to represent Members in a Court of Law, as the CPA does not employ solicitors or barristers. Nevertheless, we can recommend specialist solicitors familiar with the industry who can represent you, but this would be at your own expense.

Member Resources  

Insurance

The CPA is a trade association and does not offer any form of insurance cover to companies or individuals.

We do, however, work closely with a number of established brokers who can assist individuals or companies with any issue concerning insurance. A list of insurance brokers, who have extensive knowledge of the construction industry, can be downloaded below.

Need further advice?

Legal and Insurance – Contact CPA Legal

Member Resources  

The subrogation [damage] waiver forms

The subrogation [damage] waiver forms are used when a customer wishes to hire a piece of plant or equipment from a plant owner but does not have the necessary – ‘hired-in plant’ (‘hip’) – insurance cover in place.

If the plant owner still wishes to hire to the customer, then the owner should ensure that the subrogation waiver is in place or ask the customer to obtain ‘hip’ cover themselves. 

Under the subrogation waiver policy, the customer is charged a fee, usually between 15-20% of the plant/equipment’s hire rate. [Although paid for, the customer may still be liable for any ‘excess’ under the waiver cover should any loss occur to the plant / equipment.] 

The subrogation waiver form was introduced to avoid statutory requirements stipulated under the Financial Services and Markets Act (2000) (FSMA). Other organisations have followed the FSMA statutory requirements, which appears to be less beneficial to the plant hire company than the waiver scheme.

Those CPA members that have previously offered this to customers have, from feedback received, found it to be a beneficial additional income for their plant-hire business.

For those plant owners that would like to offer this service to their customers, there are three CPA Corporate Members, listed below, which can explain how their respective subrogation waiver policies work.

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The CPA does not financially benefit from members taking up this waiver scheme but merely ensures that members comply with the FSMA without incurring any statutory difficulties.

The CPA does not promote any one insurer over another and cannot accept any liability in respect of any information given by them.

Member Resources  

Plant Theft

Plant theft is an ever-increasing problem for the plant-hire industry. With an estimated £100 million+ of plant stolen per annum, things need to change to stop this from increasing.

If construction plant manufacturers fit anti-theft devices as standard – and most do – hire companies would be in a favorable position to obtain discounts from their insurance company. With this in mind, companies are looking for suitable and effective systems to reduce plant theft. There are a host of different manufacturers producing retro-fitted equipment.

Many plant hirers think that they only need to fit anti-theft devices to new equipment. This is a misnomer – criminals will steal plant of any age that is not secure, and sell it to make profits to fund other criminal activities.

In this section of the CPA website, you can view information and contact security product manufacturers to help you to protect your assets. There is also a list of insurance brokers available at Insurance | Construction Plant-hire Association (cpa.uk.net). These insurers have experience in the construction industry and may be able to give additional advice on asset protection.

Take a moment to think if you receive an unusual request for financial or personal information

Tips to avoid plant theft

  1. Never disclose security details, such as your PIN or passwords.
  2. Don’t assume an email, text or phone call is genuine.
  3. Don’t be rushed – a genuine organisation won’t mind waiting.
  4. Listen to your instincts – you know if something doesn’t feel right.
  5. Stay in control – don’t panic and make a decision you’ll regret.

CPA Contact for Plant Theft

If you have any queries regarding plant theft, please contact CPA Legal

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