Published by ALKEME Insurance Services · Licensed Insurance Brokerage
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Stack additional millions in liability protection above your primary policies to meet contract demands and protect your company from catastrophic construction claims.

Coverage

Umbrella and Excess Liability for Contractors

Licensed BrokerageConstruction Specialists

Construction projects generate some of the largest liability verdicts in any industry. A crane collapse, a multi-vehicle accident involving a loaded dump truck, or a catastrophic fall from an elevated structure can produce claims that exhaust standard one or two million dollar primary policy limits within the first round of medical bills and legal defense costs. Umbrella and excess liability policies provide additional layers of coverage above your general liability, commercial auto, and employers liability policies, extending your total available limits to five, ten, twenty-five million dollars or more. Project owners and general contractors routinely require umbrella limits as a condition of contract, and insufficient limits can disqualify your firm from bidding on desirable projects. ALKEME structures umbrella and excess programs that satisfy the most demanding contract specifications while providing true catastrophic protection for your business.

Umbrella vs. Excess Liability Explained

The terms umbrella and excess are often used interchangeably, and there is no universal rule that separates them. What matters is the wording of the specific policy. An excess policy may be written on a follow-form basis, adopting the terms and conditions of the underlying policy, or it may be independently worded with its own definitions, conditions, and exclusions that differ from the policy beneath it. A policy labelled umbrella is often marketed as providing some coverage beyond the underlying policies, potentially responding to certain claims the primary excludes and subject to a self-insured retention, but how much broader it actually is depends entirely on the form issued. Some umbrella forms are barely broader than follow-form excess. In construction the distinction matters because a genuine gap between the GL and auto policies may or may not be picked up by the layer above, depending on that layer's wording. ALKEME reads the actual forms on offer and recommends the structure that best fits each client's underlying program rather than relying on the label.

Contract Requirements and Limit Selection

Construction contracts specify minimum umbrella or excess limits that contractors must carry as a condition of performing work. Requirements of five million dollars are standard on mid-size commercial projects, while large infrastructure, institutional, and high-rise projects frequently require ten to twenty-five million dollars or more. Beyond contract compliance, adequate limits protect your company balance sheet from catastrophic verdicts. Nuclear verdicts in construction, meaning jury awards exceeding ten million dollars, have increased significantly in recent years. ALKEME analyzes your project portfolio, contract requirements, and financial exposure to recommend limits that satisfy both contractual obligations and prudent risk management.

Building a Proper Liability Tower

A well-structured liability tower starts with adequate primary limits on your GL, commercial auto, and employers liability policies, because these policies must meet the umbrella carrier minimum underlying limit requirements. The umbrella or first excess layer sits directly above the primary policies, and additional excess layers can be stacked above the umbrella to reach the total limit required. Each layer must attach properly to the one below it, with no gaps in coverage or differences in covered perils that could create uninsured exposure. ALKEME coordinates all layers of the liability tower, ensuring that each carrier understands their attachment point, policy period, and coverage obligations.

Wrap-Up Programs and Project-Specific Excess

Large construction projects often utilize wrap-up insurance programs that consolidate coverage for all project participants under a single set of policies. Owner Controlled Insurance Programs and Contractor Controlled Insurance Programs typically include project-specific excess liability layers that can reach one hundred million dollars or more for major infrastructure and development projects. ALKEME has extensive experience placing wrap-up programs and project-specific excess layers, working with London and domestic excess markets to build towers that satisfy lender requirements, project owner specifications, and regulatory mandates.

Frequently Asked Questions

The required umbrella limit depends on your project types, contract requirements, revenue, fleet size, and employee count. As a baseline, most construction firms should carry a minimum of five million dollars in umbrella coverage. Firms working on commercial projects typically need ten million or more, and those on large institutional or infrastructure projects may need twenty-five to fifty million. ALKEME reviews your highest contract requirement, your overall exposure profile, and your balance sheet to recommend limits that provide both contract compliance and meaningful asset protection.

A construction umbrella or excess policy is usually written over general liability, commercial auto liability, and employers liability. It is important to be precise about the last one. Employers liability is the Part Two coverage attached to a workers compensation policy, and that is what an umbrella can sit over where the form allows it. An umbrella does not sit over workers compensation itself. Statutory workers compensation benefits are set by state law, and buying an umbrella does not increase them. Some umbrella forms also extend over professional liability, pollution liability, or watercraft liability where those exposures exist and the form permits, though many exclude them. Each underlying policy generally has to maintain the minimum limits the umbrella carrier specifies. ALKEME coordinates the underlying policies with the umbrella placement to reduce the chance of gaps in the coverage tower.

A high EMR makes umbrella placement more challenging but not impossible. Umbrella carriers view the EMR as an indicator of overall safety culture, and many standard markets decline accounts with EMRs above 1.2 or 1.3. However, specialty construction markets consider the full context including the specific claims driving the EMR, corrective actions taken, and current safety programs in place. ALKEME works with carriers that evaluate construction accounts holistically and can secure umbrella coverage for contractors working to improve their EMR.

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