Construction Insurance and Contract Risk: A New York Review Checklist

Reviewed September 7, 2026.

Review the insurance program alongside the construction contract before work begins. A contract can impose obligations that the policy does not cover, and a certificate alone does not resolve that gap.

Documents to collect

Obtain the complete policy, declarations and endorsements; the signed prime contract and subcontracts; additional-insured requirements; and any project-specific coverage restrictions. The New York Department of Financial Services small-business guide explains common policy terms and coverage categories.

Questions to resolve

• Are the correct business entities and operations insured?
• Do exclusions address residential work, height, excavation, employee injuries, subcontractors or designated projects?
• Are ongoing and completed operations addressed where required?
• What deductible or self-insured retention applies, and can defense costs reduce available limits?
• Who must receive notice of an occurrence, claim or lawsuit?

Insurance procurement and contractual indemnification are separate obligations. General Obligations Law § 5-322.1 limits specified construction indemnity agreements. Review each obligation on its own terms.

Confirm any requested change in the actual issued policy or endorsement.

Kushnick Pallaci PLLC assists clients throughout New York with construction insurance coverage and disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.