The short answer
Public or private, what matters is the exact wording you accept. List each insurance or guarantee requirement, the document requested, the evidence you have and the point to confirm. Do this before submitting the tender, not after the contract is awarded.
A four-column method
Create a table with four columns: requirement, document requested, evidence available, point to confirm. Complete one row for each requirement found in the tender documents or the contract. This disciplined approach turns scattered clauses into a list of decisions.
Example row: "Business liability insurance with a minimum limit per claim" — "certificate" — "current policy, limit to be checked" — "is an endorsement needed?".
Where to look for requirements
- Tender conditions and appendices
- Draft works contract or professional services contract
- Project owner's general terms and conditions (GTC)
- Specifications and negotiation minutes
Indemnity, insurance and guarantee: three commitments
A clause making you liable for damage is not insurance. Nor is a bank guarantee or surety bond a business liability insurance policy. The 2020 guide from the Coordination Conference for Public Sector Construction and Property Services (KBOB) reiterates this distinction between the contractual commitment and what insurance covers. Each commitment must be checked separately.
The public/private distinction does not in itself determine an insurance rule: read the specific project documents.
Before signing
For each point to confirm, assign responsibility for responding and set a deadline. Ask the insurer for an endorsement or written confirmation if necessary, and the bank for the guarantees requested. Identify who approves any departures from the requirements in the tender. Keep the table with the project file: it will be useful during execution, particularly when the project owner requests certificates before work begins.
If the project changes along the way (new work packages, an extension, a revised amount), review the table row by row: a requirement met at signing may no longer be met six months later.
Frequently asked questions
Does public procurement always require more insurance?
Not necessarily. Requirements depend on the tender documents and the project. Read the exact wording rather than starting from a general assumption.
When should I ask my insurer for an endorsement?
Before submitting the tender if a requirement exceeds your current cover, or at the latest before signing. Include the necessary lead time in your schedule.
Does a performance guarantee replace insurance?
No. It is a separate financial commitment, often provided by a bank or through a surety bond, which does not cover the same situations as a business liability or construction works insurance policy.