Subcontractor business

Insurance requirements for subcontractors

Most subcontracts require general liability, commercial auto, workers compensation with employer's liability, and often an umbrella, plus endorsements naming the GC and owner as additional insureds. The exact limits come from your subcontract, state law, and the owner's contract.

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Subcontractors are usually required to carry commercial general liability, commercial auto liability, workers compensation with employer's liability, and often an umbrella or excess policy. On top of the policies, GCs ask for endorsements: additional insured status for the GC and owner (for ongoing and completed operations), primary and noncontributory wording, and a waiver of subrogation. The exact limits are set by your subcontract, which usually mirrors what the owner requires of the GC, along with state workers comp law. Read the insurance exhibit before you bid, because the endorsements and limits it asks for can change your premium and your price.

The policies subcontractors are usually required to carry

  • Commercial general liability (CGL): covers third-party bodily injury and property damage from your operations and completed work. See general liability insurance.
  • Commercial auto: covers vehicles used in the business. Many contracts ask for "any auto" coverage, not just owned vehicles.
  • Workers compensation and employer's liability: required by state law for employees in most situations, with rules that vary by state. See workers compensation for contractors explained.
  • Umbrella or excess liability: extra limits above CGL, auto, and employer's liability, often used to reach a higher total limit the GC requires.
  • Trade-specific coverage when the work calls for it: pollution liability for abatement or remediation, professional liability for design-build or delegated design, inland marine for tools and equipment, and installation coverage for material you have not yet turned over.

What real requirements look like

Public owners publish their requirements, which makes them a good reference. The City of Sierra Madre, California, publishes a sample certificate for construction contracts showing general liability of $1,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate; auto liability with a $1,000,000 combined single limit; and employer's liability of $1,000,000 for each accident, each employee for disease, and the disease policy limit. Its sample package also includes ISO endorsements CG 20 38 (additional insured, automatic status for other parties when required in a written construction agreement), CG 20 37 (additional insured, completed operations), and CG 20 01 (primary and noncontributory).

Federal work sets a floor, not a ceiling. FAR 28.307-2 sets minimums for prime contractors on federal contracts, including employer's liability of at least $100,000, general liability bodily injury of at least $500,000 per occurrence, and auto liability of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Primes commonly require more than that from their subs. Your subcontract decides.

The endorsements that matter most

Common endorsements in subcontract insurance exhibits
EndorsementWhat it doesWhat to check
Additional insured, ongoing operationsExtends your CGL to the GC and owner for claims arising from your work during the jobWhether a blanket form works or each party must be named
Additional insured, completed operationsExtends coverage after your work is finishedHow long the subcontract requires it to stay in place
Primary and noncontributoryYour policy pays first and does not seek a share from the GC's policyThat the wording matches the subcontract
Waiver of subrogationYour insurer gives up the right to recover from the GC or owner after paying a claimRequired on which policies: CGL, auto, workers comp, umbrella
Per project aggregateApplies a separate aggregate limit to each projectWhether the GC requires it

The certificate is only a summary. The ACORD 25 certificate form itself states that if the holder is an additional insured, the policy must be endorsed, and that a statement on the certificate does not confer rights in place of the endorsement. GCs that know this will ask for copies of the endorsements. The additional insured endorsements guide covers the forms in more depth.

Step by step: meeting a GC's insurance requirements

  1. Get the insurance exhibit at bid time. Ask for the subcontract and its insurance exhibit before you price, not after award.
  2. Send it to your broker the same day. Ask what you already carry, what endorsements you lack, and what any gap costs.
  3. Price the gap into the bid. Higher limits, a per project aggregate, or a waiver of subrogation on workers comp can carry added premium.
  4. Mark up what you cannot meet. Ask to change unusual requirements before signing. GCs often accept the coverage you have if the gap is small and you raise it early.
  5. Order the certificate and endorsements together. Check names, project address, and the certificate holder on the draft before it goes out.
  6. Flow requirements down. If you hire lower-tier subs, require at least the same coverage from them and collect their certificates. See how to track subcontractor insurance certificates.
  7. Track renewals. Send renewed certificates to every GC before expiration so pay apps are not held.

Worked example: a painting sub reviews an insurance exhibit

Here is an illustration. A painting sub carries $1 million per occurrence and $2 million aggregate CGL, a $1 million auto policy, and workers comp with $500,000 employer's liability. It is bidding a $240,000 repaint for a GC whose exhibit asks for the same CGL limits plus a $5 million umbrella, employer's liability of $1 million, additional insured on a completed operations basis, and waiver of subrogation on all policies.

The broker reports that the sub's CGL policy already includes blanket additional insured and waiver of subrogation forms. The gaps are the umbrella and the employer's liability limit. The sub gets a quote for each, adds the premium to its general conditions line, and asks the GC whether a $2 million umbrella is acceptable on a job this size. Whatever the answer, the sub learns about the cost before it signs, not when the GC holds the first pay app for a missing certificate.

Mistakes to avoid

  • Signing a subcontract without reading the insurance exhibit.
  • Assuming the certificate proves coverage. The endorsement is what counts.
  • Letting a certificate expire mid-job and having payment held.
  • Hiring lower-tier subs without collecting their certificates, which can leave your own policy paying for their claims.
  • Treating 1099 workers as uninsured labor without checking how your state and your insurer view them. See employee vs 1099 classification.
  • Agreeing to indemnity terms broader than your insurance covers. Read the hold harmless clause with your broker.

Templates, terms, and tools

Use the subcontractor COI tracking template for your own lower-tier subs. Related reading: what a subcontractor COI should include. Related terms: certificate of insurance and waiver of subrogation. Smart Business Automator tracks insurance certificates and expiration dates for every sub on every job and flags gaps before a pay app goes out, through subcontractor compliance automation.

Frequently asked questions

What insurance does a subcontractor need?

Usually general liability, commercial auto, workers compensation with employer's liability, and often an umbrella, plus additional insured, primary and noncontributory, and waiver of subrogation endorsements. The subcontract sets the exact limits.

What limits do GCs usually require?

It varies by job and owner. One published public example, the City of Sierra Madre, California, shows $1,000,000 per occurrence and $2,000,000 aggregate general liability, $1,000,000 auto, and $1,000,000 employer's liability. Larger jobs often add an umbrella.

Is a certificate of insurance enough to prove additional insured status?

No. The standard ACORD 25 certificate itself says an additional insured requires an endorsement on the policy and that the certificate does not confer rights in place of it.

Do subcontractors need workers comp if they have no employees?

It depends on state law, and many GCs require proof of coverage or an exemption certificate regardless. Check your state's rules and the subcontract.

What are the federal minimum insurance amounts?

FAR 28.307-2 sets minimums for federal contracts, including $500,000 per occurrence general liability bodily injury and $100,000 employer's liability. Primes often require more from subs.

Sources

  1. City of Sierra Madre, California: Sample insurance for construction contracts (PDF)
  2. Cornell LII: 48 CFR 28.307-2, Liability (minimum insurance)
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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