Construction & General Contractors

How should a GC read the insurance exhibit in a construction contract?

Read an insurance exhibit as a requirements map, not as proof that the requested coverage exists. Extract each required coverage, limit, deductible, insured party, additional-insured status, waiver, primary wording, notice term, carrier qualification, project-specific requirement, and completed-operations period. Then compare the exhibit with the prime contract, indemnity language, scope of work, owner-controlled or contractor-controlled program, issued declarations, endorsements, and subcontract flow-down. A broker can identify what is available; construction counsel should interpret enforceability and conflicts because the contract, policy forms, endorsements, project facts, and jurisdiction control. General insurance education, not legal, accounting, actuarial, professional-standards or policy-specific advice. Coverage depends on the policy form, endorsements, limits, deductibles, exclusions, jurisdiction and facts. Submission does not bind coverage or guarantee a quotation or carrier approval.

Key takeaways

  • Separate insurance requirements from indemnity, defense, warranty, and other contractual duties.
  • Record whether a requirement applies to the GC, owner, subcontractors, lower tiers, or a project policy.
  • A certificate summarizes selected information and does not create additional-insured status or amend a policy; ACORD's own guidance says only an endorsement, rider, or amendment changes coverage.
  • Check limits, aggregates, deductibles, exclusions, completed operations, and the actual endorsement forms together: on ISO forms, ongoing-operations additional-insured status is CG 20 10, completed operations is CG 20 37, the waiver is CG 24 04, primary and noncontributory is CG 20 01, and a per-project aggregate is CG 25 03, each with its own edition and schedule.
  • Document exceptions before signature or mobilization instead of treating an unverified certificate as compliance.

Read the exhibit beside the contract and scope

Start with the parties, project description, delivery method, and scope. Identify the owner, developer, GC, construction manager, design professionals, lenders, tenants, and project entities. Then mark who performs work, who controls the site, who employs workers, who owns work in place, and who is expected to buy each policy. A requirement directed to the “contractor” may not describe every entity in the project structure.

Keep the insurance exhibit beside indemnity, defense, warranty, and limitation-of-liability clauses. Insurance can support a contractual allocation but does not automatically make an indemnity enforceable or turn a promise into covered loss. Most states have construction anti-indemnity statutes, several of which also void additional-insured coverage for the indemnitee's sole negligence, and the 2013 and later ISO additional-insured endorsements apply only 'to the extent permitted by law' and no broader than the contract requires, so the exhibit, the indemnity clause, and the project state's statute have to be read together. Public-contract requirements vary as well; do not copy a conclusion from another project.

Sources for this section: International Risk Management Institute (IRMI): Contractual Insurance Requirements and Anti-Indemnity Statutes (Gregory Podolak, July 2016); International Risk Management Institute (IRMI): 2013 ISO Additional Insured Endorsements: Putting the Changes into Context for the Construction Industry (Mark Bell, August 2013); International Risk Management Institute (IRMI): Effective Contractual Risk Transfer in Construction (Ann Hickman, March 2021).

Turn prose into a requirement table

Create one row for each policy or obligation. Capture the required limit and whether it is per occurrence, aggregate, project-specific, or shared; the required deductible or self-insured retention; the parties and status requested; the endorsement or wording; carrier rating or licensing request; notice language; and the period that applies during and after the work.

Add a column for evidence. A declaration page may show a limit, while an endorsement proves a particular additional-insured or waiver grant. The contract may ask for a policy provision that the carrier cannot provide exactly: a request for 'CG 20 10 11 85 or equivalent' asks for a 1985 edition most insurers no longer offer, and a manuscript endorsement drafted by the owner is one most carriers will not attach. Record the gap, proposed alternative, person responsible, and written decision rather than changing a certificate description to make it look compliant.

Sources for this section: International Risk Management Institute (IRMI): Effective Contractual Risk Transfer in Construction (Ann Hickman, March 2021); International Risk Management Institute (IRMI): Additional Insured Endorsements—A Potential Minefield—Part 3 (Craig Stanovich, March 2006).

Compare the requirement with actual policy documents

Obtain the declarations, schedule, relevant forms, endorsements, exclusions, umbrella or excess follow-form wording, and project-specific endorsements. Check named-insured entities, effective dates, classifications, residential or designated-work restrictions, subcontractor conditions, action-over treatment, and the products-completed-operations aggregate. Read “primary and noncontributory,” waiver, and notice provisions as separate questions: on ISO forms each is its own endorsement (CG 20 01 for primary and noncontributory, which applies only where the named insured agreed to it in a written contract; CG 24 04 for the CGL waiver, under which only the insurer's recovery rights are waived), and a follow-form umbrella picks up the primary additional-insured grant only where its own terms do not differ.

For an OCIP or CCIP, identify the enrolled parties, covered work, excluded work, enrollment date, wrap-up limits, completed-operations treatment, deductibles, claims reporting, and gaps retained by the contractor. A wrap-up does not necessarily replace the contractor's annual GL, auto, workers' compensation, professional, pollution, or excess program.

Sources for this section: International Risk Management Institute (IRMI): The 2013 Edition of the CGL Policy (Craig Stanovich, March 2013); International Risk Management Institute (IRMI): Subrogation and the CGL Policy (Craig Stanovich, December 2013); International Risk Management Institute (IRMI): Additional Insured Coverage under Excess Policies (Gregory Podolak, June 2017); New York City Department of Cultural Affairs: CG 20 10 04 13, Additional Insured—Owners, Lessees or Contractors—Scheduled Person or Organization (sample); Independent Insurance Agents of Texas: CG 20 37 04 13, Additional Insured—Owners, Lessees or Contractors—Completed Operations.

Flow requirements down and plan closeout

Use the same table for every subcontract tier, but adjust it to the trade, hazard, contract amount, location, and work actually performed. Require the current subcontract and insurance exhibit before mobilization, collect the certificate and relevant endorsements, calendar expiration dates, and document exceptions. Do not assume that a blanket endorsement applies when its written-contract, scope, or timing conditions are not met; the ACORD 25 certificate states on its face that it confers no rights on the holder and does not amend, extend, or alter the policies it lists.

At closeout, preserve the executed contract, change orders, project insurance records, endorsements, certificates, notices, substantial-completion and acceptance dates, punch-list records, and subcontractor files. Completed-operations additional-insured protection for a period after completion exists only while a CG 20 37-type endorsement is attached to each successive policy, so the closeout file should record how that requirement will be carried at each renewal. The period for retaining records depends on the contract and applicable law. It is not a promise that a policy will respond to a later allegation.

Sources for this section: City of Riverside, California: Sample certificate package: ACORD 25 with CG 20 26 04 13, CG 24 04 05 09, CG 20 01 04 13, CA 04 44, and workers compensation waiver endorsements; ACORD: Certificates of Insurance: Frequently Asked Questions; International Risk Management Institute (IRMI): Questions and Answers on Additional Insured Issues—Part 2 (Jack Gibson, July 2009).

Requirement versus evidence

Exhibit requestEvidence to compareCommon question
Commercial general liability limitDeclarations, aggregate wording, project endorsement (ISO CG 25 03 for a per-project general aggregate)Is the limit per occurrence, per project, or shared?
Additional-insured statusSpecified endorsement with its edition date (ISO CG 20 10 for ongoing operations, CG 20 37 for completed operations, or an automatic form such as CG 20 33, CG 20 38, CG 20 39, or CG 20 40) and the qualifying written contractDoes it cover ongoing operations, completed operations, or both, and does the edition's 'not broader than required by the contract' and lesser-of limits wording match the exhibit?
Waiver of subrogationWaiver endorsement for each line (ISO CG 24 04 for the CGL; WC 00 03 13 for workers' compensation; CA 04 44 for auto) and policy conditionsWhich party, line, project, and period does it address?
Primary and noncontributoryOther-insurance condition and endorsement wording (ISO CG 20 01, which applies only where the named insured agreed in a written contract)Does the requested wording exist for the relevant policy and the umbrella?
Evidence and noticeCertificate, policy, endorsement, delivery procedureWho receives what and when, and does notice amend the policy? (A certificate does not.)

Sources for this section: International Risk Management Institute (IRMI): Designated construction project general aggregate limit endorsement (glossary entry); New York City Department of Cultural Affairs: CG 20 10 04 13, Additional Insured—Owners, Lessees or Contractors—Scheduled Person or Organization (sample); Independent Insurance Agents of Texas: CG 20 37 04 13, Additional Insured—Owners, Lessees or Contractors—Completed Operations; Saxe Doernberger & Vita (SDV Fenchurch): The 2019 ISO Forms: Additions, Revisions, and Pitfalls (December 2019); Missouri Farm Bureau Insurance (carrier-posted copy of the ISO form): CG 24 04 05 09, Waiver of Transfer of Rights of Recovery Against Others to Us; City of Riverside, California: Sample certificate package: ACORD 25 with CG 20 26 04 13, CG 24 04 05 09, CG 20 01 04 13, CA 04 44, and workers compensation waiver endorsements; International Risk Management Institute (IRMI): The 2013 Edition of the CGL Policy (Craig Stanovich, March 2013); ACORD: Certificates of Insurance: Frequently Asked Questions.

GC insurance-exhibit review

  • List all entities, parties, project locations, delivery method, and actual scopes.
  • Separate insurance, indemnity, defense, warranty, bond, and safety obligations.
  • Map each requested limit, aggregate, deductible, endorsement, status, carrier condition, and period.
  • Obtain declarations and endorsements instead of relying on a certificate description.
  • Identify OCIP/CCIP enrollment, retained exposures, lower-tier flow-down, and completed-operations requirements.
  • Record exceptions and obtain written broker, owner, carrier, and counsel decisions before mobilization.

Hypothetical: Hypothetical — a project-specific aggregate request

An owner asks for a $2 million per-project aggregate and completed-operations additional-insured status. The GC's certificate shows a $2 million general aggregate, but the file lacks the requested endorsement and does not identify whether the project is scheduled. The correct next step is to compare the exhibit with the issued forms and obtain a written resolution, not to infer compliance from the certificate.

Additional questions

Can a certificate satisfy an insurance exhibit?

Usually it is only evidence of selected information. The ACORD 25 form states that it confers no rights on the certificate holder and does not amend, extend, or alter the listed policies, and ACORD's guidance says only an endorsement, rider, or amendment changes coverage. Compare the actual declarations, endorsements, exclusions, limits, and policy conditions with the exhibit.

Should the GC sign before every requirement is available?

The GC should identify unavailable or conflicting requirements before signing or mobilizing and obtain an authorized written resolution. Whether a contractual alternative is acceptable is a legal and project-specific question.

Does indemnity replace additional-insured status?

No. Indemnity is a contract obligation and additional-insured status is a policy grant. Each has separate wording, conditions, enforceability, and evidence questions.

Sources

General insurance education, not legal, accounting, actuarial, professional-standards or policy-specific advice. Coverage depends on the policy form, endorsements, limits, deductibles, exclusions, jurisdiction and facts. Submission does not bind coverage or guarantee a quotation or carrier approval.