ACORD 855 in New York Construction: What It Confirms That a COI Doesn't

TL;DR: ACORD 855 is New York's supplemental certificate that forces the producer to confirm whether the policy covers Labor Law 240/241 claims, which Additional Insured form applies (CG 20 10, CG 20 37, or both), and whether residential, contractual-liability, or employee exclusions exist. GCs on NYC projects, OCIP/CCIP jobs, or any high-rise scope should require ACORD 855 alongside the standard ACORD 25 before letting subs on site.

If you're a general contractor working in New York State, you've probably been asked for an ACORD 855 form and wondered why a standard ACORD 25 Certificate of Insurance wasn't enough. This guide explains what ACORD 855 is, why New York construction specifically relies on it, and how GCs should handle it when bidding or managing subcontractors on NY projects.

What Is ACORD 855?

ACORD 855, "New York Construction Certificate of Liability Insurance," is a supplemental form developed specifically for New York construction projects. It was created to address gaps in the standard ACORD 25 certificate that matter intensely in New York because of the state's Labor Law 240 (the "Scaffold Law") and Labor Law 241 provisions.

Unlike ACORD 25, which is a one-page summary of coverage, ACORD 855 asks the producer to affirmatively confirm a series of specific coverage provisions that New York owners, GCs, and their attorneys want explicit answers about. The form has checkboxes for things like:

• Whether the policy provides coverage for New York Labor Law claims
• Whether the Additional Insured endorsement is CG 20 10 or CG 20 37 (or both)
• Whether coverage is primary and non-contributory
• Whether there's a waiver of subrogation in place
• Whether the policy contains any contractual liability exclusions that would defeat the risk transfer
• Whether the policy contains any residential exclusions
• Whether the policy contains any employee exclusions
• Whether cross-liability coverage applies

Essentially, ACORD 855 forces the producer to go on record about the things that actually matter for defending a New York construction claim, rather than leaving the GC to guess from a generic COI.

Why New York Specifically

New York is the most plaintiff-friendly construction injury jurisdiction in the country. Under Labor Law 240 (the Scaffold Law), owners and GCs face absolute liability for gravity-related worker injuries (falls from heights, falling objects) regardless of the worker's own negligence. This is a strict liability standard, meaning the usual defenses don't apply. If a worker falls off a ladder on your site, you can be held fully liable even if the worker caused the fall.

The practical result: New York construction claims are expensive, frequent, and difficult to defend. When an injured worker sues, the GC is almost always named as a defendant alongside the property owner. The GC's only real protection is pushing that risk down to the subcontractor through rigorous Additional Insured coverage, tight endorsement language, and active enforcement.

A standard ACORD 25 certificate doesn't give the GC or their attorney enough information to confirm that the sub's policy will actually respond to a Labor Law claim. The ACORD 25 might say "additional insured" in the Description of Operations box, but it doesn't tell you whether the policy has a residential exclusion that voids coverage for certain types of buildings, or a contractual liability limitation that caps the transfer. ACORD 855 is designed to force these disclosures.

When ACORD 855 Is Required

There's no statute requiring ACORD 855 on every New York construction project, but it's increasingly used as a best practice and is often required by contract on:

• Large commercial construction projects in NYC and upstate
• Projects insured by OCIP/CCIP wrap-up programs
• Projects where the owner's carrier has strict sub insurance requirements
• Projects involving high-rise work, scaffold-intensive scopes, or other gravity-related exposures
• Projects where the owner's risk manager or construction attorney wants explicit written confirmation of coverage

If the project contract or the owner's risk program requires ACORD 855, you need it before work starts. Don't rely on the ACORD 25 as a substitute.

How to Request and Verify ACORD 855

The sub's insurance producer completes the form, not the sub directly. The process:

1. Check your contract and the owner's requirements. If ACORD 855 is required, the requirement should be explicit. If it's ambiguous, ask the owner's risk manager directly whether they want it.
2. Request the form from the sub. Tell the sub (and their producer) that you need a completed ACORD 855 in addition to the standard ACORD 25. Send them the blank form if needed.
3. Review every checkbox and field. Don't accept a partially completed form. Every box needs an answer. A producer who leaves sections blank is avoiding commitment.
4. Flag any concerning answers. If the producer checks "no" on a critical item (for example, "no residential exclusion" comes back as "yes, policy excludes 1 to 4 family residential"), escalate to the sub or require they obtain different coverage.
5. Store the completed form alongside the COI. Keep it in the sub's compliance file for the duration of the project and beyond.

What Answers Matter Most

Some ACORD 855 checkboxes are more important than others. Pay extra attention to these:

New York Labor Law Coverage

The most important field. Confirms that the sub's policy covers claims brought under NY Labor Law 240 and 241. A "no" here is a deal-breaker on any gravity-related work.

Residential Exclusions

Many commercial carriers exclude coverage for work on residential buildings (1 to 4 family homes, sometimes more). If your project is residential in character, a residential exclusion leaves the sub uncovered.

Contractual Liability Limitations

Some policies cap or exclude the sub's contractual liability obligations, meaning the indemnification in your subcontract may not be covered by insurance. ACORD 855 forces disclosure of these limitations.

Employee Exclusions and Cross-Liability

Relevant for claims by a sub's employee against the GC or owner. Some policies have "sole employee" exclusions that defeat recovery. The ACORD 855 asks about this directly.

Additional Insured Endorsement Form Number

The form should confirm exactly which AI endorsement is attached (CG 20 10, CG 20 37, or both) and whether it's current edition or an older, narrower version.

How ACORD 855 Fits Into a Broader Verification Process

ACORD 855 is a supplement, not a replacement. You still need:

• The standard ACORD 25 certificate showing coverage limits and effective dates
• The actual CG 20 10 and CG 20 37 endorsement pages
• Primary and Non-Contributory endorsement or language
• Waiver of Subrogation endorsement (CG 24 04)
• Workers' Comp verification (through the standard COI or the state fund if applicable)

ACORD 855 layers on top of all of this, giving the GC and their attorney a documented record of the sub's actual coverage terms on a New York project where the stakes are high.

How PaperBoss Helps

PaperBoss supports custom document types on Pro and Business plans, so you can add ACORD 855 as a required document for every sub on a New York project. The sub uploads the completed form through a secure link (no account required), PaperBoss stores it encrypted alongside the standard COI and endorsements, and you can pull the full compliance file on demand for any project audit or owner request.

For New York GCs managing multiple projects with different insurance requirements, this flexibility matters. You can require ACORD 855 on your NYC high-rise projects and skip it on smaller upstate work without building two separate workflows.

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Frequently Asked Questions

Is ACORD 855 legally required in New York?

No, there is no statutory requirement. It's an industry-developed form used by owners, GCs, and their risk advisors to get more detailed coverage confirmation than the standard ACORD 25 provides. Whether you need it depends on your contract and the owner's risk program.

Can a sub refuse to provide ACORD 855?

They can refuse to have their producer complete it, but that's a problem. If your contract or the owner requires it, you can refuse to let the sub on site until the form is provided. In practice, most New York-experienced producers complete the form routinely.

Who pays for ACORD 855?

The sub's producer typically completes the form at no extra cost. It's a disclosure, not additional coverage. If the sub's policy doesn't meet the requirements confirmed on the form, that's a different conversation about policy adequacy.

Does ACORD 855 replace the ACORD 25?

No. ACORD 855 is a supplement. You still need the standard ACORD 25 for basic coverage verification and the actual endorsement pages for proof of Additional Insured status.

Do other states have their own construction-specific COI forms?

Not really. ACORD 855 is unique to New York because New York's liability environment is unique. A few other states have state-specific supplemental forms for specific project types, but nothing is as widely adopted as ACORD 855.

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This article is for educational purposes only and does not constitute legal or insurance advice. New York construction law and insurance requirements are complex and change over time. Consult a construction attorney or insurance broker experienced in New York Labor Law claims for guidance on your specific situation.