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Public liability insurance is not a general legal requirement for contractors in Australia, but clients, head contractors and licences may set their own insurance conditions. Many contracts ask for evidence of cover before work starts.
Contractor public liability insurance is designed to cover claims if someone is injured or their property is damaged in connection with your contracting work. It is commonly arranged by self-employed contractors working for clients and by head contractors who run jobs and engage other trades.
Cover depends on the policy and insurer you choose. Check the policy wording and its terms and conditions for what is and isn't included.
The table shows common contractor setups, what a principal (the client or business that engages you) often asks for and the questions each setup raises.
Contractor public liability insurance is public liability insurance arranged by a contracting business for the work it does for others. Public liability is designed to cover claims if someone is injured or their property is damaged in connection with your business. A client's floor damaged by water from your work is one example.
Products liability is designed to cover claims for injury or damage caused by a product you made, sold or supplied, once it left your hands. The two are usually arranged together as public and products liability insurance. Public and products liability cover may include legal defence costs, compensation and any settlement you are legally liable to pay, subject to the policy terms.
Professional indemnity insurance is a separate product, designed to cover claims that your advice, service or work caused a client financial loss.
Public liability for contractors who work for themselves is usually a client expectation rather than a general legal rule. According to business.gov.au, contractors "are responsible for their own insurance, tax and super".
Business.gov.au lists liability insurance among the insurance contractors may consider, "to cover damage or injuries a contractor causes to people or property while working". The same applies across industries, from cleaners and IT contractors to trades and consultants who visit client sites.
Some contractors also give advice or design work. Whether professional indemnity, public liability or both respond depends on what the client alleges, the policy wording and the insurer's assessment.
Head contractors usually hold public liability insurance because the client, principal or project owner asks for it in the head contract. A head contractor's policy is generally arranged for the head contractor's own business.
Head contractors often ask each subcontractor for evidence of their own cover before work starts. Whether a policy responds to work you pass to subcontractors varies between policy wordings, so always check with your broker or the team at upcover. Our subcontractor insurance guide explains what subcontractors commonly arrange.
Workers compensation insurance is required where workers fall within the relevant state or territory scheme, according to Safe Work Australia. Workers compensation is designed to cover work-related injury or illness of your workers, which public liability insurance generally does not.
Principals ask for a certificate of currency because it summarises the contractor's insurance before work starts. A certificate of currency is a document from the insurer confirming the policy is current. It shows key details such as the insured name, period of insurance and specified limit.
Some contracts set out exactly what evidence they want. The City of Bayswater's minor works conditions of contract ask for "Certificates of Currency and/or a copy of the Policy wording". The evidence is to show policies are "in place for the entire Contract period".
A certificate summarises a policy, while the policy wording sets out what the insurer may pay. A Transport for NSW certificate of currency, for example, states it "confers no rights upon the certificate holder".
Contract clauses can change who carries a risk and what your insurer is asked to respond to. According to business.gov.au, "The contract should clearly identify each parties' insurance obligations."
Business.gov.au also notes that "A contract can include an indemnity clause which shifts any risks from one party to the other". Liability you take on under a contract that would not otherwise exist under the law is commonly excluded (contractual liability exclusion).
Noting an interested party means recording the principal's interest in your policy, often so the principal appears on the certificate of currency. The Bayswater contract, for example, lets the principal require the contractor to "detail the Principal as a Joint Named Insured" or note the principal's interest.
What noting an interested party does for the principal varies between policy wordings, so always check with your broker or the team at upcover.
A principal's indemnity extension is designed to extend a contractor's public liability cover to the principal, client or head contractor. The extension may respond to the principal's liability arising from the contractor's negligent work or supplied products. It generally uses the same limit and terms as the contractor's policy, subject to the policy terms.
Construction contracts often ask for this extension. Whether a policy includes a principal's indemnity extension, and the conditions attached to it, varies between policy wordings.
Principals and head contractors may ask contractors for $10 million or $20 million in public liability insurance. These are common patterns, not rules, and the contract, licence, lease or site sets the minimum requirement.
The specified limit is the most the insurer may pay, subject to the policy terms. Our guide to how much public liability insurance you may need explains common limits. An upcover representative or a broker can talk through what those limits mean for your business.
Public liability insurance for contractors is designed for claims from other people, so several risks sit with other covers or fall outside it. Exclusions commonly include, but are not limited to:
Important: This list is not exhaustive. Exclusions vary between insurers. Always refer to the policy wording and its terms and conditions for the exclusions that apply to you.
Claims against contractors often involve injury to a member of the public or damage to a client's property. The examples below come from upcover's public and products liability insurance page.
A tool slips from scaffolding and hits a pedestrian walking past your worksite. They need medical treatment. They send you a letter of demand claiming lost income due to your negligence as you didn't make the area safe.
How cover may respond: Public Liability is designed to help if you're legally liable for injury to a member of the public, if covered the policy will pay compensation and any settlement payment and your legal defence costs, up to your policy limit.
A tradie is installing a wall fixture at a customer's shop. They drill into a hidden water pipe. Water floods the floor and damages cabinetry and stock. The customer sends you the repair bill and says you must pay.
How cover may respond: Public Liability is designed to help if you're legally liable for accidental damage to someone else's property, including defence costs.
Important: Claims scenarios are hypothetical examples only. Cover is always subject to policy terms, conditions and exclusions. Policy wordings may also vary between insurers. Always refer to the policy wording and its terms and conditions for details.
If you're concerned about a particular customer service or experience, you can always consider telling your insurer as soon as you become aware of an incident, complaint or circumstance that could lead to a claim. You don't need to wait for a formal demand. Also keep in mind that notifying of a claim late may affect your claim.
You can start a claim through the make a claim page. Admitting liability, incurring costs or agreeing to a settlement before you notify your insurer may affect your claim. Starting a claim does not confirm that your claim is covered; your insurer assesses it under the policy terms, conditions, exclusions and limits.
upcover arranges public and products liability insurance for contractors and head contractors. upcover works with 80+ insurance partners and can arrange quotes from a range of insurers.
Get a quote for contractor public liability insurance.
Public liability insurance for contractors is generally a contract or licence condition rather than a general law. Queensland electrical contractors, for example, need public and products liability of at least $5 million under their licence conditions, as set out by WorkSafe Queensland.
A head contractor's public liability policy is usually arranged for its own business. Head contractors often ask each contractor to hold their own cover and show a certificate of currency before starting.
Noting an interested party records the principal's interest on your policy or certificate of currency. A principal's indemnity extension is designed to extend your public liability cover to the principal. The extension may respond to liability arising from your work, subject to the policy terms.
The limit a contractor arranges usually starts with the highest minimum set by their contracts, licence or site. Principals may ask for $10 million or $20 million. An upcover representative or a broker can talk through how those limits apply to your business.
Workers compensation generally depends on whether you have workers under your state or territory scheme. Business.gov.au says "If you're a sole trader, workers compensation insurance doesn't cover you". Some sole traders consider personal accident and sickness insurance, designed to provide benefits if injury or illness stops them working.
Contractor liability insurance cost may depend on your occupation, activities, turnover, claims history, chosen limit and excess. Our guide to public liability insurance cost in Australia explains the cost factors.
The information in this article is general information only and does not take into account your objectives, financial situation or needs. It is not legal advice. Licence conditions, contract terms and minimum cover levels are set by regulators, principals and head contractors and can change, so check the requirements that apply to your work. Before deciding whether a product is right for you, read the policy wording and its terms and conditions. upcover Pty Ltd ABN 17 628 197 437 is a Corporate Authorised Representative (CAR 1299211) of Experience Insurance Services Pty Ltd ABN 41 657 596 506, AFSL 539078. upcover arranges insurance products with selected insurers and underwriters and does not compare all general insurers or insurance products available in the market.
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