New York Subcontractor Insurance Requirements: What GCs Must Require from Subs
What coverage general contractors should require from subcontractors on New York job sites — the most demanding state for construction insurance, with three statutory employee coverages, its own proof-of-coverage forms, and the Scaffold Law's absolute liability behind every limit.
The most common mistake: accepting the workers' comp line on an ACORD certificate as proof of New York coverage. New York doesn't: proof of workers' comp is a state form — C-105.2 from a private carrier, U-26.3 from the State Insurance Fund — and disability coverage has its own, DB-120.1.
New York requires employers to carry workers' compensation, disability benefits (DBL) and paid family leave, and proof of workers' comp and disability coverage is given on New York's own forms (C-105.2 or U-26.3, and DB-120.1), not on an ACORD certificate. On top of those, GCs typically require general liability of $1M per occurrence / $2M aggregate or more, $1M commercial auto, and a large umbrella, because the Scaffold Law (Labor Law §§240 and 241) makes owners and contractors absolutely liable for many elevation-related injuries.
In this guide
Standard insurance requirements for New York subcontractors
| Coverage | Typical minimum | What it covers |
|---|---|---|
| Commercial General Liability | $1M per occurrence / $2M aggregate, often more | Bodily injury and property damage from the sub's operations and completed work |
| Workers' Compensation | Statutory — required by law | Medical costs and lost wages for the sub's injured employees |
| Disability Benefits & Paid Family Leave | Statutory — required by law | Off-the-job disability and family-leave benefits for the sub's New York employees |
| Commercial Auto | $1M combined single limit | Vehicles used in the sub's operations |
| Umbrella / Excess | $2M–$10M+, sized to elevation exposure | Limits above GL, auto and employer's liability |
In New York City, a registered general contractor must itself carry general liability of at least $1M per occurrence, plus workers' comp and disability coverage, on file with the Department of Buildings.
Workers' comp, disability and paid family leave
New York requires three statutory coverages from most employers, not one:
- Workers' compensation — for essentially every employer with employees. There is no opt-out of the kind Texas has.
- Disability benefits (DBL) — statutory short-term disability for off-the-job injuries and illness.
- Paid family leave — usually provided through the DBL policy.
Proof comes on New York's own forms
New York does not accept an ACORD certificate as proof of workers' comp or disability coverage. Ask for:
- C-105.2 (private carrier) or U-26.3 (New York State Insurance Fund) for workers' comp;
- DB-120.1 for disability and paid family leave;
- CE-200 where the sub is exempt — for example, a sole proprietor with no employees.
Building departments across the state ask for the same forms before issuing a permit, so a sub that can't produce them will hold up more than your paperwork.
The Scaffold Law and why limits run higher
Labor Law §§240 and 241 — the Scaffold Law — make property owners and contractors absolutely liable for many gravity-related injuries to construction workers, such as falls from height or being struck by falling objects, even where the owner or GC was not negligent. The worker's own carelessness is generally not a defense.
That exposure is why New York construction insurance behaves differently: GCs require higher general liability limits, larger umbrellas on elevated work, and — above all — additional insured endorsements that put the sub's policy in front of the GC's when a Scaffold Law claim arrives.
Payroll is exposure too. Under Labor Law §198-e, a contractor on most private construction is jointly liable for wages and benefits a subcontractor fails to pay — see the New York license requirements.
Additional insured and waiver of subrogation
- Additional insured status for your company and the owner on the sub's GL and auto, on a primary and non-contributory basis, for ongoing and completed operations — see CG 20 10 vs CG 20 37.
- Waiver of subrogation in your favor on GL, auto and workers' comp.
New York's General Obligations Law §5-322.1 voids construction-contract clauses that indemnify a party for its own negligence, but a requirement that the sub buy additional insured coverage generally survives it — which is why, in New York, the endorsement is the protection that matters. Ask for the endorsement pages on elevated or high-value work, not just the certificate.
Collecting and tracking certificates of insurance
- Collect the ACORD certificate for GL, auto and umbrella, and New York's own forms for workers' comp and disability.
- Ask for the additional insured endorsement pages on elevated or high-value work.
- Track every policy's own expiration date.
- Keep certificates and endorsements where you can produce them in an audit or a claim.
How TrackMyVendor automates this
- Every ACORD certificate is read on upload — carrier, policy numbers, each coverage row’s limits and its own dates — and measured against the minimums you set.
- The New York forms can be filed on the sub’s record beside the certificate, each with its own expiration date and the same alerts.
- Per-deadline reminders at 90, 60, 30 and 7 days go to your team and to the sub, with the upload link in the sub’s copy. Starter and above
- The endorsement pages are read too — additional insured, waiver of subrogation, primary and non-contributory. Pro
Collecting COIs from New York subs?
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