Concrete work sits under everything else on a project, so when something goes wrong it can affect every trade that follows. Concrete contractors deal with cracking and settlement claims, formwork and pump hazards, silica dust rules and contracts that push a lot of risk down to the sub pouring the slab.
This page explains the insurance and risk issues that matter to owners of foundation, flatwork, tilt-up and decorative concrete businesses in North Central and Northeast Florida.
What concrete owners deal with day to day
- Cracking, settlement and defect claims. Problems with slabs and foundations may not show up until well after the project is finished.
- Formwork and shoring. Collapses during placement can injure workers and damage the structure.
- Silica dust. Cutting, grinding and drilling concrete creates respirable crystalline silica, which OSHA regulates. Silica dust and washout water can also lead to claims that a general liability pollution exclusion leaves out. See contractors pollution liability.
- Pumps and mixers. Boom pumps near power lines, hose whip and truck traffic on site.
- Concrete burns and strains. Wet concrete can burn skin, and finishing work is hard on backs and knees.
- Damage to other trades’ work. Washout, splatter and staining on finished surfaces or neighboring property.
Typical claims in concrete work
Without quoting statistics, concrete contractors see construction defect claims for cracking, settlement and water intrusion, often years after the pour. Property damage during the job, like washout on a neighbor’s driveway, is more frequent and smaller. Workers’ comp claims tend to involve strains, burns, falls and struck-by incidents around trucks and pumps. Faulty workmanship by itself usually isn’t covered by general liability, but damage it causes to other property often is, which is why the details of your policy matter.
Coverage at a glance
| Coverage | Why it matters here | Learn more |
|---|---|---|
| General liability, including completed operations | Damage and injury tied to your work, during the job and after. Defect claims often land here | General liability |
| Workers’ compensation | Required in construction with one employee | Workers’ comp |
| Contractor’s equipment (inland marine) | Mixers, pumps, screeds, saws and forms | Ask us about equipment coverage |
| Commercial auto | Trucks, trailers and mixers you own | Commercial auto |
| Commercial umbrella | Extra limits GCs and developers ask for | Umbrella |
| Bonds | Bid, performance and payment bonds | Bonds |
What your contracts ask for, in plain words
Most of the insurance questions concrete contractors face start in a contract, not a policy. Before you sign, read the insurance section and the indemnity section together, because one tells you what you promised to pay for and the other tells you what insurance has to back it up. These are the terms you’ll see most:
- Minimum limits. The contract lists dollar amounts for general liability, auto, workers’ comp employer’s liability and often an umbrella. Your limits have to meet or beat those numbers on the day you start work.
- Additional insured. The general contractor or owner wants to be covered under your policy for claims that come out of your work. Many contracts ask for this both while you’re working (ongoing operations) and after the job is done (completed operations), and the endorsement on your policy has to match what the contract says.
- Waiver of subrogation. After your insurance company pays a claim, it normally has the right to go after whoever caused the loss. A waiver gives up that right against the party named in the contract. It usually takes an endorsement, sometimes on several policies including workers’ comp.
- Primary and noncontributory. If the contract asks for it and your policy has an endorsement that provides it, your policy pays first for the other party’s covered claim and doesn’t ask their own insurance to share the loss. It isn’t automatic; it takes endorsement wording.
- Per project aggregate. Some contracts want your general liability aggregate limit to apply separately to each job, so a large claim on one project doesn’t use up the limit for the others.
- Warranty and repair terms. Many contracts include a warranty period and a duty to repair cracking. Insurance generally doesn’t pay to redo your own work, so read these terms with that in mind.
If a contract asks for something your policy can’t do, the time to find out is before you sign. Send us the insurance pages of the contract and we’ll tell you how they line up with your policy and what may need an endorsement. For indemnity and other legal terms, talk with your attorney.
Certificates of insurance: what you’ll be asked for
A certificate of insurance is the one-page summary a GC, owner or property manager asks to see before your crew can start. A certificate is for information only. It doesn’t change or add coverage, which is why careful GCs also ask for copies of the endorsements behind it. Expect requests to show:
- Policy numbers, dates and limits for general liability, auto, workers’ comp and umbrella
- The certificate holder’s exact legal name and address
- Additional insured, waiver of subrogation and primary and noncontributory wording, with the endorsement forms attached when the contract calls for them
- Workers’ comp coverage, or a copy of the exemption certificate for a qualifying corporate officer or LLC member
Keep one person in your office in charge of certificates, and keep a list of which jobs need updated ones at renewal. You can send requests through our certificate request form.
Workers’ comp for your crew and your subs
Florida treats concrete work as construction for workers’ comp. That changes the rules in three ways owners feel directly.
- One employee is enough. In construction, a business with even one employee has to carry workers’ comp, and an owner who is a corporate officer or LLC member counts unless they’ve filed an exemption. Most non-construction businesses don’t have to until they have four or more employees, full- or part-time.
- Officer exemptions are narrower. Up to three corporate officers or LLC members who each own at least 10% of the business (three total across affiliated companies) can apply for an exemption through the Division of Workers’ Compensation. It costs $50, lasts two years and is renewed online. An exempt officer or member isn’t covered for their own injuries, so think about health and disability coverage too.
- You’re responsible for uninsured subs. Under Florida law, if a sub doesn’t have coverage, the contractor above them is treated as the employer of that sub’s workers for comp purposes. That’s why you have to collect each sub’s certificate or exemption before they start, and why it has to stay current for the whole job.
Why audits bring surprise charges
Comp premium starts as an estimate based on the payroll you expect. After the policy ends, the insurance company audits the real numbers. Florida’s audit rules tell auditors to review every source of payment to employees, subcontractors and independent contractors, and to look at the certificates your subs gave you. If a sub can’t show workers’ comp coverage or a valid exemption, Florida law counts the people you paid through that sub as your employees for comp purposes, so the auditor can add those payments to your payroll and charge premium on them. Construction employers large enough to have an experience mod must be audited at least once a year.
Being uninsured is expensive too. The state can issue a stop-work order, and the penalty is two times what the employer would have paid in premium over the prior 12 months, or $1,000, whichever is more.
Report every injury to us or your insurance company right away. Florida requires the employer to report an injury to its carrier within 7 days after learning of it. Read more on our workers’ compensation page.
Your experience mod (EMR): what it is and why GCs ask
If your workers’ comp premium is large enough, your business gets an experience modification factor, often called the mod or EMR. It compares your company’s actual workers’ comp losses with what’s expected for a business of your size doing the same type of work. A mod of 1.00 is average. Below 1.00 is a credit, and above 1.00 is a debit that raises your premium. Small or new businesses that don’t meet the size threshold don’t have one.
Who calculates it in Florida
Florida uses the experience rating plan run by NCCI, the National Council on Compensation Insurance. NCCI calculates the mod, not your agent and not your insurance company. It normally uses three years of payroll and claims, and it leaves out the most recent year before the mod takes effect, because those claims are still too new to judge.
Why it matters when you bid
General contractors, owners and bid packages often ask for your mod, and some use it to prequalify concrete subs before you’re allowed to bid. A mod above 1.00 can keep you off a bid list even when your price is right, because the GC reads it as a sign of how safely you work.
Why frequency usually moves it more than one big claim
The formula weighs the first part of every claim heavily and only part of the cost above that. So a string of small injuries usually raises a mod more than one large one. Under NCCI’s experience rating plan, a medical-only claim (one with no lost-time benefits) generally counts at only 30% of its cost in your mod where NCCI’s Experience Rating Adjustment applies. Report every injury, even small ones. Florida requires employers to report an injury to their insurance company within 7 days of learning of it, and paying a claim yourself instead of reporting it can put you out of compliance and leave the worker without benefits the law gives them. Where the ERA applies, medical-only claims already count at a reduced value in the mod, so there’s little reason to pay them yourself.
What you can do about your mod
- Run a written safety program that fits your actual work, and hold short, regular crew talks, for example on silica controls, formwork and pump safety
- Report every injury the same day, so the claim is handled before costs grow
- Offer light or modified duty so injured workers can come back sooner, since lost-time claims usually cost more than medical-only ones
- Ask us for your mod worksheet each year and check it: wrong payroll, a claim that isn’t yours or a closed claim still showing reserves can all push the number up
- Make sure each employee is in the right class code and your payroll is reported correctly, because the mod is built on those numbers
Want to go deeper? Our experience mod guide explains which years count, why small claims add up and how to read your mod worksheet.
Equipment and vehicles
Mixers, pumps, power screeds, saws and forms are valuable and move from job to job. Contractor’s equipment coverage, a type of inland marine, covers them against theft, fire and damage. Keep a schedule with serial numbers and values, and ask us how rented equipment is handled.
Trucks and trailers need commercial auto coverage. If employees drive their own vehicles for work, see our post on employees driving personal vehicles.
Florida licensing and construction defect law
Florida doesn’t have a separate mandatory statewide license for most concrete flatwork. Structural concrete is generally performed under a general, building or residential contractor’s license, and the state offers voluntary certification for structural prestressed and precast concrete work. Since 2021, state law generally bars cities and counties from requiring a license for job scopes outside the state categories, and it names driveway installation as an example. Permits may still be required, so check with each jurisdiction where you work.
Florida’s construction defect law, Chapter 558, requires a property owner to give written notice of a claimed defect at least 60 days before filing suit (120 days for associations representing more than 20 parcels), and gives you a chance to inspect and offer to repair. Report any Chapter 558 notice to us right away. Florida also generally requires construction defect suits to be filed within 7 years after the earliest of the temporary certificate of occupancy, the certificate of occupancy, the certificate of completion, or abandonment of construction, with some exceptions.
See Florida contractor license insurance and bond rules for the minimum amounts, audits and bond rules.
Practical risk management steps
- Follow the engineer’s mix design, and keep delivery tickets and test results for every pour
- Photograph subgrade, forms and reinforcement before placement
- Use water, vacuum or another listed control method for silica when cutting or grinding
- Keep pumps and booms clear of power lines and have a spotter
- Supply gloves, boots and eye protection for wet concrete work
- Document curing and any weather problems on the job
Questions to ask before you renew
- How does my general liability handle construction defect and faulty workmanship claims?
- Is completed operations included, and do my endorsements match my contracts?
- Are all my pumps, mixers and forms on the equipment schedule?
- What will my experience mod be, and is the worksheet correct?
- Do I need a higher umbrella for the projects I want to bid?
- How should I respond to a Chapter 558 notice?
Frequently asked questions
Is cracking in a slab covered by my insurance?
Fixing your own work usually isn’t covered. Damage that cracking or settlement causes to other property may be, depending on your policy. See how the “your work” exclusion works.
What is a Chapter 558 notice?
It’s a written notice of claimed construction defects that Florida requires before a lawsuit. Report it to us right away.
Do I need a state license for concrete flatwork?
No. Florida doesn’t have a state license category for concrete flatwork, and since 2021 state law generally bars cities and counties from requiring one for work outside the state categories. Permits may still be required. Structural work is generally done under a general, building or residential license.
What does OSHA require for silica?
OSHA’s construction silica standard sets controls for tasks like cutting, grinding and drilling concrete.
Do I need workers’ comp with one employee?
Yes. Concrete work is construction under Florida’s workers’ comp law.
What is an experience mod?
It’s a number NCCI calculates from about three years of your workers’ comp payroll and claims, leaving out the most recent year. 1.00 is average.
How long can someone sue over a slab or foundation?
Florida generally requires construction defect suits to be filed within 7 years after the earliest of the temporary certificate of occupancy, the certificate of occupancy, the certificate of completion, or abandonment of construction, with some exceptions.
Related pages
- Contractors insurance in Florida
- General liability
- Workers’ compensation
- Commercial auto
- Commercial umbrella
- Bonds
- Construction risk management
- Florida contractor year-end insurance checklist
- All business insurance
Sources
- OSHA, Silica in Construction
- 29 CFR 1926 Subpart Q, Concrete and Masonry Construction
- Florida Statutes s. 440.02, Definitions
- Florida Division of Workers’ Compensation, Coverage Requirements
- Florida Statutes s. 440.05, Exemptions
- Florida Division of Workers’ Compensation, Construction Exemptions
- Florida Statutes s. 440.10, Liability for compensation
- Florida Statutes s. 440.381, Payroll reporting and audits
- Florida Statutes s. 440.107, Compliance, stop-work orders and penalties
- Florida Statutes s. 440.185, Notice of injury
- NCCI, ABCs of Experience Rating
- NCCI, Experience Rating Worksheet (ERM-6) Instructions
- NCCI, Experience Rating Methodology FAQs
- NCCI Insights, Experience Rating Plan Review
- NCCI, Data Reporting Requirements for Experience Rating
- Florida Statutes s. 489.113, Qualifications for practice
- Florida Statutes s. 489.117, Registration; specialty contractors
- Florida DBPR, Construction Industry Licensing Board
- Florida Statutes s. 558.004, Construction defect notice and opportunity to repair
- Florida Statutes s. 95.11, Limitations
- Florida Statutes s. 440.39, Compensation for injuries where third persons are liable
General information, not legal or coverage advice. Coverage depends on the policy issued, its terms and underwriting, and contract requirements depend on the contract you sign. Check licensing and safety rules with the agency that enforces them.
McGriff-Williams Insurance is an independent insurance agency in Gainesville, in business since 1983 and licensed in Florida. We’re at 3501 W University Ave, Gainesville, FL 32607. Questions: (352) 371-7977, Monday to Friday, 9 a.m. to 5 p.m.
Last updated October 31, 2026