Short answer
A neighbor access agreement insurance list is usually written for contractors, not for engineers who survey a building. In New York, owners who need access to a neighbor’s property often sign a license agreement under RPAPL 881 or negotiate one. An engineer doing a survey typically carries a GL policy built for consulting work. Ask your agent to explain the policy to the neighbor in writing, so the survey can stay on schedule.
Why do access agreements exist?
When an owner needs to enter a neighbor’s property to make repairs or improvements and the neighbor refuses, a court can grant a license under RPAPL 881. Most access agreements are negotiated instead. The agreement usually spells out the insurance the neighbor wants from everyone who enters the building. New York City also has rules on protecting adjoining property, which you can find in the NYC Buildings construction codes.
Why does the insurance list look like it is for a builder?
The neighbor’s lawyer or management company often uses one template for everyone entering the building. An engineer may receive the same list as the scaffolding company. The list may ask for no exclusions for height, explosion, collapse or underground work, even though a survey involves walking through and taking photos.
Example: a hypothetical pre-construction survey
A structural engineer is hired by an owner to survey the neighboring building before scaffolding goes up. The neighbor’s management company sends a contractor-style insurance list. The project manager says he isn’t sure the other firm knows what it is asking for.
In this hypothetical, the agent confirms with the insurer whether the listed exclusions appear on the policy. The agent then sends a short note explaining that the policy is written for the engineer’s consulting work. Whether a policy responds depends on its wording, exclusions and the facts.
What does an engineer’s GL policy usually look like?
It is often built for office and site visit exposure. Contractor exclusions for height, explosion, collapse and underground work may not appear on the policy at all, because it was never written for that kind of work. Read your own policy, since forms vary by insurer.
What can your agent send to the neighbor?
A short letter can confirm the coverage in place. If it’s accurate, the letter can also state that the listed exclusions don’t appear on the policy. It can add a plain statement that the policy is built for the engineer’s actual scope. The insurer’s own confirmation often helps.
Changing the policy to match contractor requirements is usually not the right fix for a survey. Your agent can explain what your policy does and confirm it in writing.
How do additional insured and primary wording come into play?
Neighbors almost always ask to be named as additional insured. Many engineering GL policies include blanket additional insured status when a written contract requires it, though wording differs by policy. Check the endorsement itself, not only the certificate.
Why does timing matter?
Surveys are scheduled around building management. Send the certificate and the agreement to your agent the same day you receive them, so there is time to get the insurer’s confirmation.
What to check
- Does the agreement list exclusions your policy may not carry, such as height, explosion, collapse or underground work?
- What does your GL say about the scope of your work?
- Does your policy include blanket additional insured status when a written contract requires it?
- Does the agreement ask for primary and non-contributory wording?
- Have you sent the agreement and certificate to your agent?
Questions to ask your attorney
- Does the access agreement apply to my firm’s scope, or only to the contractors?
- Which insurance terms in the agreement can be adjusted for a survey?
- Who is responsible for negotiating the agreement with the neighbor?
This article is general education, not legal advice. Hardcover is an insurance agency, not a law firm.
Related questions
What is an RPAPL 881 access agreement?
It is a license, by agreement or court order, that lets an owner enter a neighbor’s property to do work on their own building in New York.
Why does the neighbor want an engineer to have so much insurance?
Most access agreements use one insurance list for every party entering the building, including contractors.
Can my agent change my GL to meet contractor requirements?
Usually that is not the right fix for a survey. Your agent can explain what your policy does and confirm it in writing.
Can you send that information in an email I can forward to the neighbor’s firm?
Often, yes. Ask your agent for a short written explanation of your coverage that you can forward.
Do those exclusions exist on my policy?
It depends on your policy. Ask your agent to check the exclusions and confirm with the insurer in writing.