A subcontractor's certificate of insurance expired: what to do next
What an expired certificate of insurance may mean for a general contractor, steps many GCs take when a sub's COI expires mid-project, and how to catch the next one sooner.
Not advice. General information only, based on our research of publicly available sources, which can change. It is not legal, insurance, tax or accounting advice. Rules can vary by state, carrier and contract, so please talk to your insurance agent, attorney or tax professional about your situation.
In short: An expired certificate doesn't tell you the sub's coverage lapsed. It may only mean the renewal hasn't reached you. A common approach is to ask the sub or their agent for the current certificate, check the dates for each coverage line, and look at whether any payments went out after the old date. If there really was a lapse, your agent can talk through what it could mean for you.
You open a sub's file and see the workers' comp line ended last month, and they're still on your job. It happens a lot, usually for ordinary reasons. Here's what the date may and may not mean, and a simple way to work through it.
What an expired certificate does and doesn't tell you
A certificate is a snapshot. It describes the policies listed on it, with the dates shown, as of the day it was issued. It doesn't update itself when a policy renews or ends.
So when the date has passed, there are a few possibilities:
- The sub renewed and nobody sent the new certificate. This is often the case.
- The sub renewed with a different carrier or a different policy number. You'd need a new certificate either way.
- The policy really did lapse or was canceled. This is less common, but it's the one worth finding out about.
The old certificate can't tell you which one it is. Only a current one can.
Why the date might matter to you
At a workers' comp audit, a carrier may look at whether you have evidence of coverage for the time the sub worked. Nationwide's premium audit guide says: "The date of coverage must cover the period of time work was performed during your policy period."
The same guide says: "If no evidence of insurance is available, the subcontractor's payroll may be added to your premium base as payroll." So money paid after the old date, with nothing newer on file, could be something an auditor asks about. Our guide to subcontractors at audit time shows an example with numbers.
A simple way to work through it
These are steps many GCs use. Adjust them to your business and your contracts.
1. Ask for the current certificate
Asking the sub's insurance agent directly may be the fastest route, since agents usually issue these. If you don't have the agent's contact, the old certificate generally lists it in the Producer box. How to read an ACORD 25 shows where.
2. Check every line, not just the first one
General liability, workers' comp, auto and umbrella each have their own dates, and they may not renew together. A new certificate might update general liability while workers' comp still shows the old date.
3. Look for days with nothing on file
Compare the old end date with the new start date. If the new policy began the day after the old one ended, there may be nothing to chase. If there are days between them, those are worth a question.
4. Check your payments against those dates
Look for any payments made after the old date. If they all fall within the new certificate's dates, you may be done. If some fall in the days between, one option is to ask the sub's agent whether anything was in force on those dates.
5. If there was a real lapse, talk to your agent
A lapse may mean different things depending on your state, your carrier and the work done in that window. Your agent can explain what it could mean for your audit, and an attorney can help with anything contractual.
Should you stop paying or pull them off the job?
That's a business and contract decision, and there's no universal answer. Your subcontract may say something about it, so that's a good first place to look. Some GCs hold payment until a current certificate arrives, and some give a short window. If you're unsure, your attorney or agent can help you think it through.
Catching the next one sooner
Most expired certificates are simply a follow-up that didn't happen. A few habits may help:
- Keeping one list of expiration dates, by coverage line, rather than one date per sub.
- Asking ahead of time. Around 30 days before expiration is a common starting point. Our COI tracking overview covers a simple setup.
- Copying the sub's agent on the request, if you have the contact.
- Checking dates when you pay, since that's often when a problem can still be fixed easily.
Frequently asked questions
Does an expired certificate of insurance mean the subcontractor has no insurance?
Not necessarily. It may only mean the renewal certificate hasn't been sent. A current certificate from the sub or their agent is usually what can answer the question.
What should I do if a sub's COI expires during a project?
A common approach is to ask the sub or their agent for the current certificate, check each coverage line's dates, and compare them with any payments made after the old date. If there was a real lapse, your agent can explain what it might mean for you.
Can I get a certificate for dates that have already passed?
Possibly. If coverage was in force on those dates, the sub's agent may be able to provide a certificate showing it. If no coverage was in force, there may be nothing to issue, and that's worth raising with your own agent.
How far ahead should I ask for a renewal certificate?
Around 30 days before expiration is a common starting point, with follow-ups closer to the date. Some subs renew late, so earlier reminders may give you more time.
How CertiSub is designed to help
CertiSub records the dates for each coverage line, and sends automatic reminders to the sub and their insurance agent (if on file) at 30, 14 and 3 days before a certificate expires, and again on lapse. Each logged payment shows whether it falls inside or outside the certificate dates on file, so payments like these could be spotted when they're logged. It tracks the documents and dates you provide, and it doesn't determine whether any policy is in force.
This article is for general informational purposes only. It reflects our research of publicly available sources as of its publication date and may not be complete or current. It is not legal, insurance, tax or accounting advice, and reading it does not create any professional relationship. Requirements can vary by state, insurance carrier, policy and contract. Before making decisions, consult a licensed insurance professional, an attorney, or a tax professional about your specific situation. CertiSub is a recordkeeping and document-organization tool. It tracks the documents and dates you provide. It does not verify insurance validity or provide legal, insurance, or compliance advice.