Your Fortress in the Lone Star State: The Definitive Guide to Contractor Insurance in Texas

My name is Alex, and for the last fifteen years, my world has been the fine print of construction law and risk management here in Texas.

I’ve had a front-row seat to incredible success stories—craftsmen who turned a single truck and a set of tools into thriving, multi-million-dollar enterprises.

But I’ve also seen the other side.

I’ve sat across the table from good, honest contractors whose life’s work was wiped out not by a faulty build or a bad estimate, but by a single, misunderstood sentence buried deep within an insurance policy.

I’ll never forget one case.

A talented remodeler in the Dallas area, a guy who did phenomenal work, was hit with a $250,000 lawsuit.

A subcontractor he hired had installed a plumbing fixture incorrectly, leading to a slow leak that caused catastrophic water damage to a client’s home over several months.

The contractor wasn’t worried at first.

“I have great insurance,” he told me, referring to his Commercial General Liability (CGL) policy.

He confidently submitted the claim, expecting his insurer to handle it.

The denial letter was a gut punch.

The insurer pointed to a standard exclusion in his policy—the “Your Work” exclusion.

In simple terms, the policy was designed to cover damage his work did to other things, not to fix his own faulty work or the faulty work done on his behalf.

That single clause, which he had never understood, cost him his business and nearly his home.

That case, and dozens like it, became my obsession.

I realized that Texas contractors weren’t just failing to buy the right insurance; they were failing to understand the very nature of risk in our unique state.

They were buying policies like a checklist of chores, not realizing they were fighting a war on a complex battlefield without a strategy.

My epiphany was this: you cannot simply buy protection.

You must build it.

You need to stop thinking about insurance as a monthly bill and start thinking of it as your business’s fortress.

This guide is the blueprint for that fortress.

We are not just going to list policies.

We are going to give you a new mental model for survival and success in the Texas construction industry.

We will build your fortress layer by layer, turning risk from a source of fear into a strategic advantage.

The Great Texas Paradox: Why “No State License” is the Most Dangerous Phrase in Construction

The journey into the Texas construction world often begins with a seductive and dangerous piece of information: Texas does not have a statewide license requirement for general contractors.¹

This creates a deceptively low barrier to entry, attracting entrepreneurs who are often masters of their trade but novices in the brutal business of regulation and risk.⁵

They see freedom, but what they should see is a trap.

This apparent freedom is an illusion that masks a far more complex reality.

While the state takes a hands-off approach, it has delegated immense authority to local municipalities.

The result is not a simplified system, but a fragmented one—a patchwork of hyper-local, non-negotiable regulations that can vary dramatically from one city to the next.

A contractor can legally launch their business one day and, the next, face crippling fines and work stoppages for failing to register with the City of Austin’s specific online portal or for not having the right type of license in San Antonio.⁷

This paradox—state-level freedom versus municipal-level tyranny—is the primary minefield for Texas contractors.

They assume simplicity where there is, in fact, a labyrinth of bureaucratic requirements.

This false assumption is often the first, fatal step toward non-compliance and failure.

My Epiphany: Stop Buying Policies and Start Building Your Fortress

To survive and thrive in this environment, you must change your entire mindset.

Insurance is not a passive expense; it is an active defense system.

It is your fortress.

Each policy you select is a critical component of that fortification, designed to protect you from a specific type of attack.

This guide will walk you through the construction of your fortress, layer by layer.

We will build:

• The Outer Walls (Commercial General Liability): Your first line of defense against attacks from the outside world.
• The Garrison (Workers’ Compensation): The soldiers who protect you from the inside and allow you to take on the most valuable quests.
• The Supply Lines (Commercial Auto Insurance): The vital network that keeps your army moving and your fortress supplied.
• The Keep & The Armory (Builder’s Risk & Inland Marine): The last bastion that protects your most valuable assets—the project itself and the tools of your trade.

Understanding this framework will transform how you view risk.

You will no longer be a passive buyer of policies but an active architect of your own security.

Building Your Fortress: A Layer-by-Layer Defense

A fortress isn’t just one big wall; it’s a series of integrated defenses.

Your insurance portfolio must be constructed with the same strategic depth.

Let’s build your fortress, starting with the most fundamental layer.

Layer 1: The Outer Walls – Commercial General Liability (CGL)

Commercial General Liability (CGL) insurance is the foundation of your fortress, the high stone walls designed to protect you from attacks by third parties—that is, anyone who is not your employee, such as clients, their guests, vendors, or the general public.⁹

If a visitor to your job site trips over your extension cord and breaks their leg, or if your ladder falls and smashes a neighbor’s expensive window, your CGL policy is what stands between you and a financially devastating lawsuit.¹⁰

It covers their medical bills, the cost of repairs, and the legal fees if you are sued.

However, these walls have specific, intentional gaps.

The most critical and widely misunderstood of these is the “Your Work” exclusion.

The Critical Exclusion: CGL is Not a Warranty for Your Work

Let me be unequivocally clear: a standard CGL policy is not a guarantee of your craftsmanship.

It will not pay to repair or replace your own faulty work or the faulty work of a subcontractor working under your direction.¹⁰

The policy is a shield to protect you from the damage your work does to

other people or their property; it is not a sword to fix your own mistakes.

This is precisely the trap that destroyed the remodeler in my story.

The water damage was caused by a faulty installation—part of “his work.” The CGL policy paid for none of it.

This disconnect between what contractors think CGL covers (everything) and what it actually covers (third-party liability) is the single most common cause of catastrophic financial loss in this industry.

To protect against claims arising from your professional services or faulty workmanship, you would need a different type of coverage, such as Professional Liability Insurance (also known as Errors & Omissions or E&O), which is designed to cover financial losses caused by mistakes in your professional services or advice.¹³

Subcontractor Risk and “Additional Insured” Status

Your CGL policy may provide some coverage for property damage caused by a subcontractor, but relying on this is risky.

The only sound strategy is to manage this risk through contracts.

You must require every subcontractor to provide a certificate of insurance proving they have their own CGL policy and, critically, that they have named your company as an “additional insured” on their policy.¹¹

This means their insurance policy must defend you if a claim arises from their work.

Without this, you are personally exposed to their mistakes.

Occurrence vs. Claims-Made Policies

You will generally encounter two types of CGL policies: “occurrence” and “claims-made”.¹⁰

• An Occurrence Policy covers incidents that happen during the policy period, no matter when the claim is eventually filed. If a project you completed in 2024 causes a problem that isn’t discovered until 2026, your 2024 occurrence policy will still respond.
• A Claims-Made Policy only covers claims that are made while the policy is active. To be covered for that same 2026 claim, you would need to have continuously maintained that claims-made policy (or purchased expensive “tail” coverage) for years after the job was done.

While claims-made policies can sometimes have lower initial premiums, the long-term protection offered by an occurrence policy is far superior and is the standard for the construction industry.

Layer 2: The Garrison – Workers’ Compensation

If CGL forms the walls of your fortress, Workers’ Compensation is the garrison of soldiers inside.

It protects you from internal threats—specifically, injuries to your own employees.

In Texas, the approach to this coverage is unique and fraught with peril.

The Texas “Option” and Why It’s a Trap

Texas is the only state that allows most private employers to choose whether or not to carry Workers’ Compensation insurance, a status known as being a “nonsubscriber”.¹⁴

On the surface, this seems like an opportunity to save money.

In reality, it is one of the biggest gambles a business owner can take.

Here’s why: An employer who “subscribes” (carries Workers’ Comp) is protected by law from being sued by an injured employee for ordinary negligence.¹⁵

The insurance policy pays for the employee’s medical care and a portion of their lost wages, and in return, the employee gives up their right to sue the employer.

A nonsubscriber has no such protection.

If an employee is injured on your job site, they can sue you directly for damages.

In court, you lose many of your common-law defenses, and there is no cap on the potential damages.

A single serious injury—a fall from a roof, a power tool accident—can easily lead to a judgment that bankrupts not only your business but you personally.

Going “bare” is like manning a fortress with no soldiers.

The Non-Negotiable Mandate for Government Work

This “option” vanishes the moment you decide to work on a public project.

Texas Labor Code § 406.096 is absolute: any governmental entity entering into a building or construction contract must require the contractor to provide Workers’ Compensation coverage for every single employee on that project.¹⁷

This requirement extends to all subcontractors as well.¹⁸

This law effectively creates a two-tiered market.

Contractors who carry Workers’ Comp can bid on lucrative public contracts (schools, roads, municipal buildings).

Those who opt out as nonsubscribers are locked out of this entire segment of the market.

The decision to carry this insurance is therefore not just about risk—it is a fundamental business strategy that dictates your company’s potential for growth.

The “1099 Independent Contractor” Trap

A common, and illegal, tactic to avoid paying Workers’ Comp premiums is to misclassify employees as “1099 independent contractors”.¹⁶

The legal distinction is not based on what you call them or whether you issue a 1099 form; it is based on the degree of control you exercise over their work.

If you dictate their hours, provide their tools, and direct the manner in which they perform their tasks, the law will likely see them as employees, regardless of your agreement.

If a misclassified worker gets hurt, you face the double threat of a personal injury lawsuit and severe state and federal penalties for tax and insurance fraud.

Layer 3: The Supply Lines – Commercial Auto Insurance

Your trucks and vans are the lifeblood of your operation—the vital supply lines that move your troops (employees) and weapons (tools and materials) to the battlefield.

Protecting them requires a dedicated Commercial Auto policy.

The Personal Policy Void

One of the most common and easily avoidable mistakes is assuming a personal auto policy will cover a vehicle used for work.

It will not.⁴

Personal policies are specifically written to exclude commercial use.

If you are driving to a job site, hauling tools, or transporting employees and you get into an accident, your personal insurer has every right to deny the claim, leaving you 100% liable.

Texas Minimums Are Dangerously Inadequate

Texas state law requires all commercial vehicles to have minimum liability coverage, often referred to as 30/60/25.²⁰

This translates to:

• $30,000 for bodily injury liability per person
• $60,000 for bodily injury liability per accident
• $25,000 for property damage liability per accident

These limits are dangerously low in today’s world.

A moderately severe accident involving a new truck and a few other vehicles can easily exceed these limits.

The average new car costs well over $40,000, meaning the $25,000 property damage limit is exhausted before you even repair one vehicle.

Your business is personally on the hook for every dollar above those minimums.

Responsible contractors carry limits of at least $1,000,000.

Essential Coverage: Hired and Non-Owned Auto

What happens when you send an employee to the hardware store in their own pickup truck? If they cause an accident, your business can be sued.

Hired and Non-Owned Auto Liability is a crucial endorsement to your commercial auto policy that protects your business when you or your employees use vehicles you don’t own (rented vehicles, personal vehicles) for business purposes.²¹

It is an inexpensive addition that closes a massive liability gap.

Layer 4: The Keep & The Armory – Property and Project Coverage

Liability policies protect you from what you do to others.

This final layer of defense protects your own assets from harm.

A fortress is useless if the keep itself can be burned down or the armory looted.

Builder’s Risk (The Keep): Protecting the Project Itself

Builder’s Risk insurance is a special type of property insurance that protects the building or structure while it is under construction.²²

It covers the project against physical loss or damage from a wide range of perils, including fire, theft, vandalism, and the severe weather events common in Texas like hail, windstorms, and hurricanes.²²

This coverage is essential for anyone with a financial stake in the project, including the property owner, the developer, and the general contractor.²⁴

Without it, a fire or major storm could wipe out months of work and materials, and there would be no funds to rebuild.

The policy term is designed to match the construction timeline, providing protection from groundbreaking to completion.²²

Inland Marine (The Armory): Protecting Your Tools and Equipment

Your tools and equipment are your armory.

Without them, you cannot work.

A standard CGL policy does not cover them.

A Builder’s Risk policy does not cover them.

They are protected by a policy known as Inland Marine Insurance.⁴

This coverage protects your tools and equipment whether they are stored at your shop, in transit to a job, or at a work site.²⁶

A single theft from a work trailer can represent tens of thousands of dollars in losses and bring your operation to a complete halt.

Inland Marine insurance ensures you can replace these vital assets quickly and get back to work.

Neglecting this coverage is like leaving your armory unguarded.

Navigating the Local Kingdoms: A City-by-City Compliance Guide

Now that the main walls of your fortress are designed, we must address the specific rules of engagement in Texas’s major metropolitan kingdoms.

This is where the “no state license” paradox becomes a real-world challenge.

Operating successfully in Dallas gives you no automatic right to work in Austin or San Antonio.

Each city is its own fiefdom with its own gatekeepers and its own book of laws.

The following table synthesizes the complex and scattered requirements into a single, actionable reference.

It is designed to prevent the costly assumption that what works in one city will work in another.

City	Key Requirement	General Liability (GL) Minimums	Workers’ Comp Note	Unique Feature / Trap
Austin	Registration with the city via the Austin Build + Connect (AB+C) online portal is mandatory for all GCs and trade contractors before any permit can be issued.7	No specific city-mandated GL limits are listed; requirements are typically set by the project contract or state law for licensed trades.7	Required for state-licensed trades and as per state law, especially for public projects.	The AB+C Portal: The entire process is digital. Failure to properly create an account and navigate the portal will halt your ability to pull permits. Registration is a one-time event for GCs unless information changes.7
Dallas	Contractors must register with the Building Inspection Division ($120 fee).1 Many projects also require a specific	Home Repair License.28	Proof of both General Liability and Workers’ Compensation insurance is required for many registrations and city contracts.28 Specific limits are often contract-dependent.	Proof of coverage is required for city registration and contracts, aligning with the need to protect the city from liability.28	Certificate of Occupancy: A business operating within Dallas city limits must provide a Certificate of Occupancy number, even if it is a home-based business. This is a common stumbling block.1
San Antonio	A tiered licensing system exists. A Home Improvement Contractor license is for non-structural work, while a Residential Building Contractor license is for structural work, new builds, or large additions.8	Limits vary by license type. Home Improvement requires $300k/$600k GL coverage. Residential Building requires a higher $500k/$1M GL coverage.8	Required as per state law and contract specifications. The higher insurance requirements for residential builders reflect the higher risk.	FBI Background Check & ICC Certification: Both license types require a recent FBI background check. The Residential Building Contractor license also requires the holder or an agent to have an International Code Council (ICC) certification.8 Misclassifying a project as “non-structural” to avoid the higher requirements is a serious violation.

Red Flags & Fatal Errors: A Field Guide to Contractor Self-Sabotage

Building a fortress is one thing; leaving the gates open is another.

Even the best insurance portfolio can be rendered useless by poor business practices and a misunderstanding of the law.

Here are the most common ways Texas contractors sabotage their own success.

The #1 Legal Trap: The “I’ll Handle Your Claim” Promise

After a storm, it is common for contractors, especially roofers, to approach homeowners and offer to “handle” or “negotiate” their insurance claim.

This may seem like good customer service, but in Texas, it is illegal and can have catastrophic consequences.

The Law: Under the Texas Insurance Code, only a licensed public insurance adjuster can legally negotiate an insurance claim on behalf of a policyholder.

When a contractor does this, they are engaging in the unlicensed practice of public adjusting.³⁰

The Consequences: This is not a minor rule.

The penalties are severe:

• Criminal Charges: It can be a Class B Misdemeanor.³⁰
• Administrative Fines: The Texas Department of Insurance (TDI) can levy significant penalties.
• Voided Contracts: This is the most devastating penalty. The law allows the homeowner to void the contract with the contractor. This means they are not liable for payment, even for work that has already been completed.³⁰

Real-world cases involving major Texas companies like Lon Smith Roofing have resulted in massive class-action lawsuits and financial ruin for this exact practice.³¹

For a legitimate contractor, the message is clear: your job is to assess the damage, provide a professional estimate, and perform quality work.

Your contract should explicitly state that the homeowner is responsible for handling their own insurance claim.

Never position yourself as an “insurance claim specialist”.³¹

This practice is a business model built on illegality, and it poisons the market for everyone.

The Foundational Financial Sins

Your business structure and financial hygiene are as critical as your insurance.

1. Operating as a Sole Proprietor: This is the default business structure, and it is the most dangerous. As a sole proprietor, there is no legal distinction between you and your business. If the business is sued or incurs debt, your personal assets—your home, your truck, your family’s savings—are on the line.²
2. The LLC/S-Corp Shield: Forming a Limited Liability Company (LLC) or an S-Corporation creates a legal “liability shield” or “corporate veil” that separates your business assets from your personal assets.³² This is the single most important step you can take to protect your family’s financial future. For profitable contractors, electing S-Corp status can also offer significant tax advantages by reducing self-employment tax liability.³²
3. Commingling Funds: Using your personal bank account for business transactions is a cardinal sin.³³ It not only creates a bookkeeping nightmare but can also give a court a reason to “pierce the corporate veil,” destroying the liability protection your LLC was supposed to provide. Open a dedicated business bank account and credit card from day one and keep them completely separate.
4. Ignoring Quarterly Taxes: As a business owner, you are both the employer and the employee. The IRS expects you to pay your income and self-employment taxes quarterly.³² Failing to do so can result in a massive, unexpected tax bill at the end of the year, complete with steep penalties and interest.³³ Set aside 25-30% of every payment you receive for this purpose.

Mismanaging Cash Flow and Contracts

1. Work Without a Signed Change Order: A client asks for “one more thing.” You agree with a handshake. You have just done work for free. Any change to the original scope of work, no matter how small, must be documented in a written and signed change order that clearly states the new scope and cost. Failure to do this is a primary driver of profit loss.³⁴
2. Late Invoicing: Cash flow is king. Many projects, especially larger ones, have strict deadlines for submitting invoices to be included in a bank draw. Missing that deadline can mean you don’t get paid for 30 or 60 days, forcing you to float the costs of labor and materials on your own dime.³⁴
3. Ignoring Lien Laws: Texas has specific and complex mechanic’s lien laws that protect your right to get paid. However, to use these protections, you must follow the rules precisely, which often includes sending formal pre-lien notices to the property owner and general contractor by certain deadlines. Failing to follow these procedures can mean you forfeit your legal right to place a lien on the property, leaving you with few options to collect on an unpaid bill.³⁵

The Fortress Blueprint: Your Actionable Checklist

The Texas construction landscape is challenging, but it is not unmanageable.

The goal of this guide is not to scare you, but to empower you with a strategic framework.

A well-built fortress does not invite attack; it deters it.

By being a true professional who understands and prepares for risk, you differentiate yourself from the competition and build a business that can withstand any storm.

Use this final checklist to audit your defenses and ensure your fortress is secure.

1. Legal Structure: Have you formed an LLC or S-Corp to protect your personal assets? Are your business and personal finances held in completely separate accounts?
2. Local Compliance: Have you identified every city and county you work in? Have you confirmed and met their specific registration, licensing, bonding, and insurance requirements before starting work?
3. General Liability (The Walls): Is your CGL policy an “occurrence” form? Do you understand the “Your Work” exclusion and have a plan to manage quality control? Do your subcontractor agreements require them to name you as an additional insured?
4. Workers’ Comp (The Garrison): If you have employees or work on public contracts, is your Workers’ Compensation policy active? If you use subcontractors, have you verified they are truly independent and properly insured to avoid misclassification risks?
5. Commercial Auto (The Supply Lines): Do you have a dedicated commercial auto policy with liability limits of at least $1,000,000? Does it include Hired and Non-Owned Auto coverage?
6. Property (The Keep & Armory): Is your current project protected by a Builder’s Risk policy? Are your valuable tools and equipment insured against theft and damage under an Inland Marine policy?
7. Contracts & Claims: Do your client contracts clearly state that you do not negotiate insurance claims? Do you use written, signed change orders for every single change in scope?

Building this fortress is the mark of a true professional.

It is an investment in your business, your reputation, and your family’s future.

It is how you move from being just another contractor to building a resilient and profitable enterprise in the great state of Texas.

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