Roofers Specialty — Insurance & Risk Management, powered by The Duncan Group

Subcontractor Risk

A certificate of insurance is not a risk transfer program

Collecting certificates satisfies an administrative requirement. It does not establish the contractual position a roofing contractor needs when a subcontractor's work causes a loss.

Wyatt DuncanRoofers Specialty, a practice of The Duncan Group

Most roofing contractors collect certificates of insurance from their subcontractors. Far fewer can produce the signed agreement, the endorsement and the verification that make those certificates meaningful.

A certificate is evidence, not coverage. It records what a policy looked like on the day it was issued and grants no rights against the insurer.

Where the position is actually created

Risk transfer is built in four places, and a certificate is the last of them.

  • A written subcontractor agreement with indemnity language enforceable in the states you work in
  • An insurance requirements exhibit that specifies limits, additional insured status and required wording
  • Endorsements on the subcontractor's policy — additional insured, primary and noncontributory, waiver of subrogation
  • Verification and tracking that keeps all of the above current for the duration of the work

How the gap surfaces

It surfaces twice. At workers' compensation audit, uninsured or improperly documented subcontractors are charged back as payroll. At claim, a tender to the subcontractor's carrier is denied because the required endorsement was never issued.

Both outcomes are expensive, and both are decided long before anyone reads the policy.

The question is not whether you collect certificates. It is what happens when you tender a claim.

A workable standard

The standard does not need to be elaborate to be defensible. One agreement template, one insurance requirements exhibit, one verification step before a crew is released to a job, and one person accountable for tracking.

Underwriters respond to that discipline, and so does the account's loss experience.

Notes

  • General commentary for roofing contractors. Not legal advice; contract enforceability and anti-indemnity statutes vary by state.

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