Your General Liability Isn’t Just for Your Office

Short answer

General liability for architects covers more than the office. A claim can reach the GL policy when someone is injured or property is damaged because of the firm’s operations, including at a project site, even if the design played no role. Claims alleging a design error or negligent site observation typically go to professional liability instead. Coverage depends on the actual policy wording, so each policy should be reviewed.

Why general liability for architects reaches beyond the office

Many owners of small and home-based firms picture GL as protection for a desk, a laptop and some furniture. That picture leaves out how the policy responds. GL generally addresses bodily injury and property damage arising from a firm’s business operations, and those operations can happen far from the office.

That is why GL underwriters often ask about the types of projects a firm works on and its past work. A firm of two people can still send staff to job sites, attend meetings there and walk through work in progress. Underwriters use project details to understand how much time the firm spends in those environments. A home office does not automatically mean low GL exposure.

How general liability and professional liability split a claim

The two policies respond to different kinds of problems. GL deals with injury or damage that stems from the firm’s operations but is not professional services. Professional liability deals with claims that the firm’s professional work or advice was deficient.

A claim that alleges a design error or negligent site observation typically belongs under professional liability. Many A&E general liability policies also include a professional services exclusion. That exclusion means GL generally will not step in to cover a design claim. Whether a given claim falls on one side or the other depends on how it is alleged and on the policy language.

Injuries to the firm’s own employees follow a separate path. Those typically go to workers’ compensation rather than GL.

Real-world example

An architect visits a project site for a scheduled walkthrough. A visitor trips over materials left in a walkway and breaks a wrist. The injured person claims the firm’s presence or activity contributed to the fall. The claim has nothing to do with the drawings or the design.

That kind of claim can land on the firm’s GL policy. Now change the facts. A contractor alleges that a detail on the drawings caused a leak. That allegation targets the firm’s professional work, so it typically goes to the professional liability policy. The firm’s GL policy would likely not respond to it.

What to check on your policies

Firms may want to review a few items:

  • Whether the GL application accurately describes the project types the firm has worked on.
  • Whether the GL policy contains a professional services exclusion, and how it is worded.
  • Whether the professional liability policy is current and carries limits that fit the firm’s projects.
  • Whether any contracts require specific GL limits or endorsements.
  • Whether the firm has employees or part-time staff who would fall under workers’ compensation.

Firms in this position often review these items alongside the architects or civil engineers coverage structure that fits their discipline.

Hardcover insight

Applications create confusion more often than policies do. A firm may remember the GL application as a short form about the office. Then the carrier asks about past projects, and it feels out of place. Those questions usually reflect the underwriter’s view that site activity is where GL claims tend to originate. Answering them accurately at renewal also helps avoid disputes later, as covered in why your professional liability application matters at renewal.

Does general liability cover a design mistake?

Typically no. Design errors are professional services claims, and many A&E GL policies include a professional services exclusion. Professional liability is the policy designed to respond to those allegations.

Why would an E&O policy require general liability?

Carriers often want a firm to maintain GL so that non-professional claims have a separate place to go. The reasoning is explained in why an E&O policy may require general liability insurance.

Does a home office lower my general liability exposure?

Not automatically. Exposure depends on what the firm does and where. Site visits and project work can create GL exposure regardless of where the firm’s desk sits.

Does general liability cover injuries to my own employees?

Typically no. Employee injuries generally go to workers’ compensation, subject to the applicable law and policy terms.

Who handles a claim that mixes both issues?

It depends on how the claim is alleged and on the wording of each policy. When a claim could involve both, the firm should notify both carriers promptly and review the policies with its broker.

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This article is general information, not insurance or legal advice. Coverage depends on the terms, conditions and exclusions of your policy as issued.