Working with subcontractors is very common in the construction industry. It allows businesses access to talented individuals with specialized skills for the many tasks that can come up on a building project. However, this flexible collaboration style is increasingly common in construction and other industries, but it is not without risk.
To create strong working relationships, the general contractor or hiring business and the subcontractors or independent contractors must understand the importance of insurance coverage. Ultimately, businesses and subcontractors should work together to ensure adequate coverage for all parties involved.
Follow along as we discuss how policies like subcontractor general liability insurance are designed to protect them.
How Does Insurance Define a Subcontractor?
In insurance, a subcontractor is an independent party hired for specific duties within a construction project. They are expected to purchase and hold their own insurance coverage to protect themselves against potential risks that could arise on the job due to their work. This is as opposed to regular company staff, who will be covered by their employer’s policies. Here is more about Construction Insurance Risk Management.
Additionally, some clients, general contractors, or other hiring parties can include specific contractual obligations or insurance requirements for subcontractors to enforce company-wide standards or help maintain compliance with larger regulations.
What Does General Liability Insurance for Contractors Cover?
A CGL policy, meaning commercial general liability insurance, is an important kind of coverage to understand. A general contractor typically purchases CGL policies or client hiring subcontractors to work under them. Subcontractors and independent contractors should purchase their liability policy and consider other coverage needs.
Key coverages for general liability insurance for contractors include:
- Bodily injury or claims for injuries to third parties (medical expenses, lost wages, etc.)
- Property damage or claims for damages to third-party property
- Personal and advertising injury or claims like defamation, libel, slander, invasion of privacy, false advertising, or copyright infringement
- Legal defense costs associated with facing a lawsuit about a covered claim
Key exclusions for general liability insurance for contractors include:
- Poor workmanship (instead covered by protective liability)
- Professional services (instead covered by professional liability)
- Illegal activities or intentional acts of harm
Does a CGL Policy Cover Subcontractors?
Subcontractors are usually required to carry certain insurance coverage to protect themselves, their general contractor, and relevant project owners and stakeholders from risks associated with their work.
A CGL policy will not cover subcontractors unless the general contractor or other policyholder chooses to extend coverage to them via an additional insured endorsement, which would grant liability protection to all named subcontractors.
Generally, subcontractors and independent contractors will need their own CGL insurance to safeguard themselves against claims related to their work. Therefore, subcontractors will take on their own general liability insurance cost, paying their insurance provider monthly premiums.
Is Contractors’ Protective Liability the Same as General Liability?
Another kind of insurance that protects contractors’ work is contractors’ protective liability or CPL insurance. CPL insurance protects contractors against claims arising from negligent work by hired subcontractors.
While general liability insurance provides broad coverage for a contractor’s work, protecting from high-possibility claims related to bodily injury, personal injury, or property damage, CPL insurance is designed to protect contractors from risks posed by subcontractors.
When working with subcontractors, contractors should add this layer of protection, as their or their subcontractors’ CGL policies will not provide coverage for negligence.
Insurance Requirements for Subcontractors
Understanding the insurance requirements for subcontractors is essential for both general contractors and subcontractors to ensure compliance and protection against potential risks. Here are some key points to consider:
1. General Liability Insurance
Subcontractors must have their own general liability insurance to cover potential claims arising from their work. This insurance typically covers:
- Bodily Injury: Medical expenses and lost wages for third parties injured due to the subcontractor’s work.
- Property Damage: Costs associated with damage to third-party property caused by the subcontractor.
- Personal and Advertising Injury: Claims such as defamation, libel, slander, invasion of privacy, false advertising, or copyright infringement.
- Legal Defense Costs: Expenses related to defending against covered claims.
2. Additional Insured Endorsement
General contractors may require subcontractors to add them as an additional insured on their liability policies. This provides the general contractor with protection under the subcontractor’s policy, ensuring that the contractor is covered for claims arising from the subcontractor’s work.
3. Workers’ Compensation Insurance
In addition to general liability insurance, subcontractors may also need workers’ compensation insurance to cover medical expenses and lost wages for their employees who are injured on the job.
4. Professional Liability Insurance
For subcontractors providing design or other professional services, professional liability insurance (also known as errors and omissions insurance) may be required. This covers claims related to professional negligence or errors in the services provided.
5. Compliance with Contractual Obligations
Subcontractors must comply with any specific insurance requirements outlined in their contracts with general contractors or project owners. This may include higher coverage limits or additional types of insurance.
Understanding and meeting these insurance requirements ensures that subcontractors are adequately protected and can safeguard themselves, their general contractors, and project owners from potential liabilities. It also helps maintain smooth working relationships and compliance with industry standards and regulations.
Understanding General Liability for Contractors and Subcontractors
In conclusion, general liability insurance provides policyholders broad coverage for claims such as bodily injury, property damage, personal injury, and legal defense costs related to third-party claims. Subcontractors usually need their own CGL insurance unless their general contractor or project owner extends coverage to them via an additional insured endorsement. Other policies, such as contractors’ protective liability (CPL) insurance, which protects contractors from claims arising from subcontractors’ negligence, offer an extra layer of protection not covered by general liability policies.
Ensure your subcontractors are as covered as they need to be — to protect them and you from suffering the consequences of unplanned liabilities. Reach out today to learn more about how our expert team helps clients nationwide maintain compliance and avoid out-of-pocket claims.