COIOps Risk Desk

Briefs for the week a certificate expires and the job does not.

Each brief opens on a title page — the 2025–2026 market or case, and the evergreen failure of an expired cert on site. The rest of the argument is gated. Full name, work email, job title, phone.

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Brief 01 · September 2026 · 11 min

The Thursday Lapse: 2026’s Two-Speed Casualty Market Still Leaves Expired Certs on the Site

Property pricing eased. Excess liability did not. The certificate that expires on Thursday is still a Friday mobilization, a Monday owner call, and a general contractor holding the claim.

5–30%: Typical 2026 excess-liability renewal increases
~41%: Liability claims tied to subcontractor risk
60/30/14/7: Days-out chase before a lapse becomes a delay

Gallagher’s August 2026 construction update describes a split market: property and builders-risk placements got more competitive, while excess liability renewals still commonly land between roughly 5% and 30% as nuclear verdicts and litigation funding keep severity high.

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Brief 02 · September 2026 · 12 min

Ninety Days to Tender: The April 2026 AVOID Act and the COI File You Cannot Rebuild After a Loss

New York’s AVOID Act starts a 90-day clock on third-party claims. A 2025 failure-to-procure ruling shows what happens when the additional-insured policy is not in the file. Expired certificates do not become evidence because counsel asks nicely.

90 days: AVOID Act window for many third-party claims
Apr 2026: New York AVOID Act effective date
Exhibit E: The pages a certificate only promises

The Baldwin Group’s 2026 mid-year construction briefing describes New York’s AVOID Act, effective April 2026, as an amendment to CPLR §1007: contract-based third-party claims generally must be filed within 90 days after the answer, and other claims within 90 days of learning another party may share liability. Miss the window and the sub you meant to tender may have to be sued separately.

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