摘要: |
Federal and state laws and regulations require that contractors provide evidence of insurance for road and bridge construction contracts over specified amounts. The insurance is required to cover general liability, workers compensation, and automobile and other risks. The insurance also has required minimum limits of coverage. Each policy typically has exclusions for pollution liability or force majeure. Most government road construction contracts specify that the contractor file certificates of insurance showing the contracting agency as an additional named insured as evidence of coverage. This requirement is not enough to protect the contracting agency because certificates of insurance do not demonstrate whether the provided insurance complies with the contract requirements. A consistent problem exists in that contracting agencies typically lack the requisite knowledge and experience necessary to review and determine if the coverage provided in the insurance meets the contractual requirements. Further, a certificate of insurance may contain a provision stating that it is not a contract, and the policy of insurance needs to be reviewed to determine coverage and any exclusion. Because the policy may not be provided until several weeks after the certificate is provided, there is no way to ensure that the policy provides the necessary protection. Transportation attorneys need to know the extent of due diligence required on their part to obtain the appropriate coverage and value of insurance as specified in the contract documents. This due diligence will require a review and understanding of underlying insurance policy language and insurance industry practices. This digest summarizes the important issues and insurance language encountered during the contracting process and provides language and solutions used to resolve such issues. It should be useful to transportation attorneys, officials, engineers, contracting officers, and financial officials. |