Would you cover fences under a CP 00 20 Builders Risk form, due to fire damage, considering it as a structure?
Georgia Subscriber
So if I am understanding correctly, we are looking only at coverage under CP 00 20 Builders Risk Coverage Form. It is our opinion that the only way a fence would be covered under the form is if it is: (1) a structure described in the declarations while in the course of construction; or (2) a fixture, but this coverage applies only if the fence is intended to be permanent at the premises.
A fence qualifies as a structure, as Merriam Webster's definition of a structure is in part something (such as a building) that is constructed; or something arranged in a definite pattern of organization. So if the fence is described in the declarations, then it is covered as a structure while it is being used for construction.
A fence could also be considered an outdoor fixture. A fixture is defined in part as something that is fixed or attached (as to a building) as a permanent appendage or as a structural part; and an item of movable property so incorporated into real property that it may be regarded as legally a part of it. So, a fence would be covered in the form, but only if it is intended to be permanently located on or within 100 ft of the premises.
An existing fence that is not used in the construction project, or a fence that is not part of the completed project work, is not covered.