“Additional Insured” Requirements of Construction Contracts and Policies
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Although the “additional insured” requirement provides additional security to the owner and architect, it can add to the cost of insurance. Regardless, the requirement is often included in contract documents and, if not carefully drafted, can result in multiple disputes as to which insurer is required to defend which insured. Construction contract language should be designed to avoid such disputes.
An owner and a contractor should make every effort to obtain language in their contract forms that will avoid ambiguous “additional insured” endorsements. The form language in the example above includes a requirement that the contractor provide the owner with a certificate, a copy of the actual endorsement making the owner an additional insured, and a copy of the entire policy.