Short answer
A 1099 architect professional liability question usually starts with one point: your policy may not treat a 1099 contractor as an insured. Many policies define insureds as the firm, its principals and its employees, so a contractor may need an endorsement or their own coverage. Projects already underway and work done before they joined raise separate questions. Policy wording and your insurer decide what applies, so ask before the arrangement starts.
A hypothetical example
Small design firms often grow by bringing in an experienced architect as a 1099 contractor. The new person may run their own projects, use their own equipment and hire their own consultants, while contracts go out under the firm’s name.
Example: the principal who brings three projects
A five-person architecture firm plans to add a senior architect as a principal on a 1099 basis. The architect will bring three interior renovation projects already underway. The firm plans to sign new client agreements for those projects, with a start date that excludes the architect’s earlier work.
It sounds clean on paper. The sections below show where it can get complicated. This example is hypothetical, and coverage depends on the policy terms, exclusions and underwriting.
Is a 1099 architect an insured under your policy?
Many professional liability policies define who is insured in terms of the firm, its principals and its employees. A 1099 contractor may not fit those definitions, even with a principal title.
- Read the “insured” or “insured person” definition in your policy.
- Some insurers may add a contractor by endorsement, often for an added premium and only for services performed on the firm’s behalf. That is usually an underwriting decision.
- Expect questions about the contractor’s services, revenue, number of projects and claims history.
- Many insurers expect a 1099 contractor to carry their own professional liability coverage.
What happens to projects already in progress?
This is often the biggest issue. Suppose the new architect has already prepared drawings or performed substantial services on a project, and your firm then continues or modifies that work. A future claim can be hard to separate. Which work caused the problem, and which policy should respond?
A new contract with a clear start date helps define responsibility. It may not settle the coverage question if a claim blends work done before and after the transition.
Some insurers may prefer that in-progress projects finish under the person’s existing business arrangement, with only new projects going through your firm. Ask your insurer before transferring any project.
Who covers the work they did before joining?
Your policy is generally not designed to pick up someone else’s past professional work just because they now work with you. The person’s own policy, or tail coverage on it, is usually what responds to earlier work.
- Ask whether they have current professional liability coverage and what their retroactive date is.
- If they plan to stop carrying their own policy, ask whether they have looked at extended reporting coverage. Our article on [extended reporting periods on an A&E professional liability policy] explains how tail coverage works.
What about the consultants they hire?
If the contractor engages structural, MEP or other consultants for your projects, your policy may address your firm’s liability from those consultants’ work, depending on its wording.
Insurers commonly expect the following:
- Consultant agreements are written in your firm’s name.
- Consultants carry their own professional liability coverage.
- You keep their certificates on file.
Does your insurer need to know before it starts?
Usually yes. A change like this can affect your application answers, revenue, services and risk profile. Telling your insurer first gives them a chance to say what they need, whether coverage changes and whether the premium changes. Finding out after a claim is the worst time.
What to check
- Read your policy’s definition of who is insured.
- Ask your insurer, in writing, how they would treat a 1099 principal.
- List every project the person would bring, and its status.
- Confirm the person’s own coverage and retroactive date for past work.
- Put consultant agreements in your firm’s name and collect certificates.
- Get the insurer’s answers before signing anything with the new person.
Related questions
Can I just add a 1099 architect to my policy?
Sometimes. It depends on the insurer and is usually decided case by case, often with an added premium.
If I sign a new contract for a transferred project, am I only responsible for work after that date?
The contract may limit what you agreed to do. Whether a claim can be cleanly split is a separate question, so ask your insurer before transferring in-progress work.
Does the contractor still need their own policy?
It is often recommended, and especially important for their work before joining your firm.