Insights · Tenders & contracts

As a principal, checking the contractor's policy

"The contractor has insurance" – this sentence is the weakest link in a principal's risk management. The mere existence of the paper says nothing about whether the cover actually protects the project: it might relate to different activities, a lower sum, and it might expire halfway through the job. This article shows what's actually worth checking, with explanations; the tick-box version lives on the checklist page.

In brief:
  • Don't just ask for a certificate – ask for substance: what the cover applies to, how much, and for how long.
  • The five main points: type of cover, sum insured, liability limit, period of cover, and insured circle.
  • The sixth: whether your existing building is included (existing property extension).
  • Cover is a live question during the project too: it needs updating on any extension or change.

The five main checkpoints

1. Type: is it genuinely CAR/EAR (protecting the works under construction), or only contractor's liability insurance (covering only damage caused to others) – the difference here. 2. Sum insured: does it reach the project's full value – under-insurance will proportion down your own claim too: the sum insured article. 3. Liability limit: is it proportionate to the surroundings (neighbours, traffic). 4. Period of cover: does it run for the whole programme, and what happens if it slips. 5. Insured circle: does it extend to the whole subcontractor chain – and to you, as the principal.

The sixth point: your own property

If the work is being carried out on an existing building – an extension, a renovation, an operating property – the most important question is: is there an existing property extension, and for how much? Without it, your building is largely invisible as far as the contractor's policy is concerned. A condition survey belongs here too: ask for one to be carried out before work starts – it's in both parties' interest.

How should you ask for it?

In practice, a copy of the policy or a substantive certificate of insurance issued by the insurer is the right form – a one-line statement that cover "is in place" isn't enough. The legal basis for asking comes from the construction contract's insurance clause: if it fixes what has to be certified and in what form, the request isn't a favour, it's performance of the contract. Details of the certificate itself: issuing the certificate.

During the project: an ongoing check

Cover isn't a snapshot taken at the start. On any extension, additional works or increase in value, the policy has to keep up with reality (the amendment article) – as a principal, it's worth handling this together with programme changes: a new completion date means an updated certificate. If at any point you're unsure what you're looking at on paper, just ask – the consultation is free of charge.

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This article is for general information only and does not constitute an offer, or insurance or legal advice. The specific covers are determined by the insurers' terms and conditions in force at any given time; the section structure and the range of extensions vary by insurer.

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