← Project Management

Sheet G-132
PcM PjM

Insurance & Liabilityconcept

The firm's insurance portfolio: Professional Liability, CGL, Workers' Comp, and secondary lines

One-line orientation

Each insurance policy covers a different kind of loss. Start by separating professional mistakes, general business injuries, employee injuries, vehicles, and property.

Key points

  • Professional Liability Insurance (Errors & Omissions / E&O):

    • Covers claims for negligent professional acts — errors, omissions, and mistakes made while providing architectural services — plus damages if the architect is found liable.
    • Does not cover intentional wrongdoing or promises made above the standard of care (guarantees, “best efforts” language, warranting results).
    • This is a claims-made policy (see related card).
    • AIA B101 requires architects to carry it.
  • Commercial General Liability (CGL):

    • Covers bodily injury and property damage to third parties arising from non-professional business operations — a client injured at the office, an employee who accidentally damages a client’s property.
    • Typically an occurrence-based policy.
    • AIA B101 requires architects to carry it.
  • Workers’ Compensation:

    • State law sets when workers’ compensation is required and what minimum coverage applies.
    • Covers employees injured while performing their job.
    • It is generally the employee’s exclusive remedy for covered workplace injuries, subject to jurisdiction-specific exceptions.
    • AIA B101 requires architects to carry it.
  • Employers’ Liability:

    • Covers employee-injury claims that fall outside the workers’-comp statutory system (e.g., third-party-over claims). Usually written together with Workers’ Comp as Part Two of the same policy.
    • AIA B101 requires architects to carry it.
  • Automobile Insurance:

    • Required when employees use company-owned vehicles, rent cars for business, or use personal vehicles for business purposes.
    • AIA B101 requires architects to carry it.
  • Secondary / supplemental lines:

    • Employment Practices Liability — protects the firm from employee litigation (discrimination, wrongful termination claims).
    • Property Insurance — covers the office and its contents against covered causes such as fire or theft. Flood generally requires separate coverage.
    • Valuable Papers Insurance — covers replacement of drawings, models, and critical project documents.
    • Fidelity Bond — covers employee theft.
    • Umbrella / Excess Coverage — generally adds limits above CGL, auto, and employers’ liability. Professional liability needs its own excess coverage.
  • Policy basics:

    • Premium is typically proportional to the firm’s average billings; affected by claim history, project types, and risk-mitigation practices.
    • Policy limit = maximum the insurer pays; the firm is responsible for anything above it.
    • Deductible = the amount the firm pays before the insurer covers the remainder.
    • Some project types (e.g., condominiums) are more litigious and raise premiums.

Confusions / comparison

PolicyWhat it coversPolicy triggerMandatory?
Professional Liability (E&O)Negligent professional acts, errors, omissionsClaims-madeYes (B101 §2.5)
Commercial General Liability (CGL)Bodily injury / property damage from non-professional operationsOccurrenceYes (B101 §2.5)
Workers’ CompensationEmployee on-the-job injuriesStatutory / occurrenceYes (statutory + B101 §2.5)
Employers’ LiabilityEmployee-injury claims outside the workers’-comp systemOccurrenceYes (B101 §2.5)
Auto InsuranceVehicle use for businessOccurrenceYes (B101 §2.5)
Employment Practices LiabilityEmployee litigation against the firmUsually claims-made; policy-specificNo
Property InsuranceOffice and contentsOccurrenceNo
Valuable PapersDrawings, models, documentsOccurrenceNo
Fidelity BondEmployee theftOccurrenceNo
Umbrella / ExcessAdded limits above listed underlying policies, generally CGL/auto/employers’ liabilityFollows underlyingNo

pp-claims-made-vs-occurrence — how E&O (claims-made) and CGL (occurrence) differ on timing of coverage
pp-standard-of-care — why contract language that raises the SoC is uninsurable under E&O
pp-surety-bonds — bonds required of the contractor (bid, performance, payment) — distinct from firm insurance
pp-certificate-additional-insured-subrogation — proof of coverage and named-party instruments