How are sub consultants covered under an architect/engineers policies? The short answer is sub consultants are not covered under your architecture/engineering firms policies. However, there are some exceptions to this.
There are some professional liability policies that will include sub consultants under the definition of an insured. Below is the language in one of those policies:
Insured Person means any natural person who:
- is the sole owner of, or is or was a partner in, the Named Insured or Predecessor Firm;
- was or is a member of the board of managers, director, executive officer, or shareholder of the Named Insured or Predecessor Firm;
- was or is an employee of the Named Insured or Predecessor Firm; or
- was or is an Independent Contractor, provided that such person is acting within the scope of their duties on behalf of the Named Insured or Predecessor Firm.
On the general liability policy, if your sub consultant asked to be listed as an additional insured. This is not a common occurrence; however it does happen from time to time. It will likely be the other way around in that the prime may ask to be listed as an additional insured on the sub consultants policy.
The workers compensation policy may include sub consultants and this is typically captured during the audit. This means your sub consultant does not have a workers compensation policy and for the specific project they may be covered under your firm.
The bottom line is it is best to not have a sub consultant covered under any of your policies, they should have their own policies. It is advised that your sub consultants should be required to carry the same policies and limits that your firm is required to carry for the project.
If you have any questions about sub consultants being covered, please call or email your Professional Underwriters agent for assistance.