Asking a subcontractor to show you their insurance certificate is not the same as verifying their insurance. A certificate is produced by the subcontractor — not the insurer. It can be forged, out of date, or relate to a policy that lapsed last month. If an uninsured subcontractor causes injury or damage on your site, your insurer may refuse the claim, leaving you personally exposed.
Not legal or tax advice
This article provides general information only and is not legal or tax advice. Rules depend on the specific facts of your situation. Always confirm your specific obligations with a qualified solicitor or accountant before relying on this guidance.
Why a certificate isn't enough
A certificate of insurance is a summary document produced by or for the policyholder — not a direct statement from the insurer confirming the policy is in force today.
Certificates can be backdated, forged, or reference a policy that has since been cancelled or lapsed. Insurers are not automatically notified when a certificate is used to obtain a contract — meaning a subcontractor can circulate a certificate for a policy that no longer exists, and no alert is triggered.
If an uninsured subcontractor causes property damage, personal injury, or death on your site, the claim goes to your insurer first. If you cannot demonstrate that you verified the subcontractor's cover before work started, your insurer may pursue recovery against you personally.
Checking a subcontractor's insurance isn't itself a direct statutory requirement — it's commercial risk management, and often a contractual one. But on projects with more than one contractor, the Building Safety Act 2022 requires the client to appoint a Principal Contractor in writing, and that role carries responsibility for coordinating compliance across the supply chain. Where you hold that role, insurance verification is a sensible part of demonstrating the duty of care you carry for the whole project.
The gap between "I saw a certificate" and "I verified their cover"
These are generally treated as different positions. Seeing a certificate establishes that the subcontractor produced a document. Verifying cover establishes that the insurer confirmed the policy was live, what it covered, and that it met your project's requirements. In most cases, the second position is the one more likely to give you a defensible record — though what counts as sufficient evidence can depend on your specific contract and circumstances.
What is a Letter of Authority?
A Letter of Authority (LoA) is a signed document from the subcontractor that authorises their insurer to disclose policy details to you.
Why it's necessary: under UK GDPR (tailored by the Data Protection Act 2018), an insurer cannot disclose a policyholder's policy details to a third party without the policyholder's explicit consent. The LoA is that consent. Without it, most insurers will refuse to confirm policy details regardless of how the request is made — and regardless of how reasonable that request might appear.
What the LoA should include:
- The policyholder's name (the subcontractor's trading name or registered company name)
- The policy number, if known
- The name of the contractor requesting confirmation
- An authorisation statement — explicit wording confirming that the policyholder consents to the insurer disclosing policy details to the named contractor
- A date — the LoA should be dated close to the time it is used
Who signs it: the subcontractor, before work starts. Obtaining the LoA is part of your pre-commencement onboarding process — it should sit alongside the subcontractor agreement, not be chased after work has already begun.
Who sends the email to the insurer
The LoA authorises the insurer to speak to you — but the most effective approach is for the subcontractor to send the confirmation request themselves. As the policyholder, their email carries more authority and the insurer will recognise their address. The subcontractor emails their insurer, CCs your records address, and attaches the signed LoA. You receive the insurer's reply directly.
Public Liability vs Employer's Liability — what to check
Not all insurance obligations are the same. Two policies are relevant for almost every subcontractor engagement, and they cover different risks.
Public Liability (PL) covers damage or injury caused to third parties — homeowners, passers-by, adjacent properties — as a result of the subcontractor's work. There's no law making PL cover compulsory, and no statutory minimum — but in practice it's expected of virtually every subcontractor, and most main contracts specify a minimum indemnity limit of £1M–£2M. Check your specific contract requirements and compare them against the subcontractor's indemnity limit before work starts.
Employer's Liability (EL) covers the subcontractor's own workers if they are injured during the course of their work. Under the Employers' Liability (Compulsory Insurance) Act 1969, EL is a legal requirement for any subcontractor who employs people — meaning any Limited Company with employees, or any sole trader who takes on labour. The statutory minimum for EL is £5 million.
What to look for on a certificate — even as a starting point before you obtain insurer confirmation:
- Policy period: is the certificate current? Check the expiry date explicitly.
- Indemnity limit: does it meet your contract minimum?
- Any exclusions: some policies exclude specific types of work — demolition, work at height, or work near live services. If the exclusion is relevant to what your subcontractor will be doing, the certificate is not adequate.
| Type | Required for | Statutory minimum | What it covers |
|---|---|---|---|
| Public Liability | All subcontractors | None — check contract | Third-party injury or property damage |
| Employer's Liability | Subcontractors with employees | £5,000,000 | The subcontractor's own workers |
How to get written confirmation from the insurer
Written confirmation from the insurer — not from the subcontractor, and not from a broker acting as an intermediary — is the standard you are working towards. Here is how to get it.
- Get the subcontractor to sign a Letter of Authority before work starts. This is non-negotiable. Without it, the insurer will not disclose policy details to you, and the process stops here.
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The subcontractor emails their insurer with the LoA attached. The email should ask the insurer to confirm:
- (a) that the policy is currently in force
- (b) the policy type and indemnity limit
- (c) the policy period (start and end dates)
- (d) that there are no known exclusions affecting the type of work being carried out on your project
The subcontractor's email should CC your records email address, so that the insurer's reply comes to you directly rather than being relayed through the subcontractor.
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The insurer replies confirming these details. That reply, retained alongside the LoA and the subcontractor's original email, constitutes written insurer confirmation. Most insurers respond within 48–72 hours for straightforward policies. Some larger commercial policies — particularly those with multiple endorsements or unusual risk profiles — may take longer.
What the reply needs to say: the confirmation must come from the insurer directly, not from a broker acting as an intermediary. It must reference the specific policy number and confirm that the policy was in force on the date of the request. Broker-issued confirmation letters are not equivalent.
Document everything
Keep the LoA, the subcontractor's email to the insurer, and the insurer's reply together in the project file. If a claim arises, these three documents form your due diligence record. The date on the subcontractor's email to the insurer establishes when you requested confirmation — which should be before work started.
What to do if the insurer doesn't respond
Non-response from an insurer is uncommon but not rare, particularly with smaller or less active policies. Here is a graduated response.
Chase once — a polite follow-up from the subcontractor to their insurer, with you CC'd, sent 72 hours after the original request. Most genuine non-responses are resolved at this stage.
Escalate to the subcontractor. Their insurer, their relationship. Ask them to call their insurer directly and request a written confirmation email be sent the same day. A policyholder calling their insurer typically gets a faster response than a third-party request.
Do not allow work to continue on site while insurance is unconfirmed. This is the point where many contractors make the mistake of letting work start "provisionally." There is no provisional insurance verification. The moment a subcontractor begins work on your site, the risk exposure begins — and if their insurance is not confirmed, that exposure is generally yours to carry, though the specifics will depend on your contract and circumstances.
Last resort only: if the subcontractor can demonstrate the policy is in force via direct documentary evidence — a current renewal notice from the insurer, for example, not a certificate they have produced themselves — you may choose to mark the insurance as "Document accepted" with a note explaining precisely what was reviewed and why normal insurer confirmation was not obtained. This is a reduced standard of verification and should be clearly noted as such in your audit trail. It does not give you the same protection as written insurer confirmation.
Do not let work start without insurance confirmation
Allowing a subcontractor to start work before you have insurance confirmation means any incident that occurs during that period is potentially uninsured. Your liability exposure can begin as soon as they set foot on site — confirm your specific position with your insurer or broker.
How long to keep insurance records
Keep the LoA, the subcontractor's email, and the insurer's confirmation for the project lifecycle plus six years.
Why six years: the standard limitation period for contractual claims in England and Wales is six years from the date the cause of action arose, under the Limitation Act 1980. A claim arising from a subcontractor's work — property damage that becomes apparent after the project completes, for example — could be brought up to six years after that damage occurred. You need the insurance verification record to show that you took reasonable steps to confirm cover at the time.
For claims involving personal injury: the limitation period under the Limitation Act 1980 is three years, but because the trigger date can vary (the date of knowledge may be later than the date of the incident), six years is the safer retention period as a general policy.
Digital storage with timestamps is the ideal format. A document management system or purpose-built compliance platform that records the date and time each document was added gives you an immutable audit trail. Physical photocopies are acceptable but are vulnerable to loss, deterioration, and difficulty in sharing quickly when a claim arises or an insurer requests documentation.
Subchecked manages the insurance verification loop
LoA generated automatically. Subcontractor sends to their insurer. Insurer reply detected and case status updated. Every document stored immutably in the audit trail.
Reminder
This guide is general information, not legal or tax advice. Confirm your specific obligations with a qualified solicitor or accountant.