Insurance and bonds

What is a self-insured retention in construction?

A self-insured retention (SIR) is a dollar amount a contractor must pay itself on each covered claim, usually including defense costs, before its liability insurer has to step in.

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A self-insured retention is a layer of risk the contractor keeps. When a claim comes in under a policy with an SIR, the contractor handles and pays the claim, often including lawyers and adjusters, until its payments reach the retention amount. Only then does the insurance company's obligation begin. SIRs show up most often on general liability insurance and excess policies for mid-size and larger contractors, because accepting more risk lowers the premium.

It sounds like a deductible. It is not, and the differences matter most when something goes wrong.

SIR versus deductible

QuestionDeductibleSelf-insured retention
Who handles the claim from day one?Usually the insurerUsually the contractor or its third-party administrator
Who pays first?Insurer pays, then bills the insured back for the deductibleInsured pays until the retention is used up
Does defense cost count?Depends on the policyOften yes, defense costs erode the retention
Does the policy limit shrink?Often the deductible sits inside the limitLimits usually sit above the retention
If the insured cannot pay?Insurer still pays the claimant, then chases the insuredPolicy wording may say the insurer owes nothing until the SIR is satisfied

Policy wording controls each of these points, so read the actual endorsement rather than relying on the label.

How it plays out on a job

Say a concrete sub carries general liability with a sizable per-occurrence SIR. A pedestrian trips on a ramp near the sub's work area and sues the sub and the general contractor. The sub's third-party administrator hires defense counsel and starts paying. Because defense costs count toward the retention in this policy, the insurer takes over once the bills reach the SIR.

Now the hard version. Halfway through, the sub runs out of money. The GC was named an additional insured on that policy and assumed it was covered. But the SIR endorsement says the retention must be paid by the named insured, and the sub has not paid it. The GC may find its coverage stuck until someone satisfies the retention, and may end up paying that layer itself.

Common mistakes and disputes

  1. Accepting a certificate of insurance that does not disclose the SIR. Certificates often leave it out, so ask for the policy declarations and endorsements.
  2. Not capping deductibles and SIRs in the subcontract. Many GCs set a maximum and require approval for anything higher.
  3. Missing the "who may satisfy the retention" language. Some policies allow other insurance or other parties to pay it; some do not.
  4. Forgetting the cash side. A contractor with a large SIR needs reserves and a claims process, which bonding companies and lenders will ask about.
  5. Confusing the SIR with payment retention. Same word, unrelated ideas.

Related terms

See insurance certificate tracking, hold harmless clause, subcontractor default insurance, and what a subcontractor COI should include. Smart Business Automator tracks each sub's insurance documents, limits, and expiration dates; see subcontractor compliance automation.

Frequently asked questions

Is a self-insured retention the same as a deductible?

No. With a deductible the insurer usually handles and pays the claim, then collects the deductible. With an SIR the insured handles and pays the claim until the retention is used up, and only then does the insurer step in.

Do defense costs count toward a self-insured retention?

Often they do, but it depends on the policy wording. Check the SIR endorsement.

Why would a contractor choose an SIR?

To lower premiums and gain control over how smaller claims are handled. It makes sense for contractors with steady cash flow and a claims process; it can be dangerous for thinly capitalized companies.

How does a sub's SIR affect the general contractor?

If the GC is an additional insured, the sub's SIR may need to be satisfied before the policy responds for the GC. If the sub cannot pay, the GC's coverage can stall. Ask to see the endorsement and cap SIRs in the subcontract.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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