Renovation isn't just about hiring contractors — you may be inheriting their insurance liability too

Opening a shop, fitting out an office, renovating a restaurant — plenty of owners save on management fees by hiring a few trusted tradespeople directly and dividing up the work: one contractor for partitions, an electrician for wiring, someone else for flooring and paint. On the surface this saves money, but it quietly creates two coverage blind spots:

Both issues depend on how you structure the job. Better to sort this out before you sign off on a contractor than to discover the gap after something goes wrong.

You may already be a "principal contractor" under the Employees' Compensation Ordinance

Under Section 24 of the Employees' Compensation Ordinance (Cap. 282), when an employee of a sub-contractor is injured at work, the principal contractor is liable for the compensation claim — even though the sub-contractor is the direct employer. The principal contractor may later recover that payment from the sub-contractor, but that right of recovery doesn't change one thing: the injured worker can come after you first, without having to chase the sub-contractor.

Many owners assume "I'm not a contracting company, this doesn't apply to me." But if you hire contractors and casual workers directly for a renovation, without routing the whole project through a main contractor that holds adequate insurance, you can be treated as the "principal contractor" in law. If a worker falls, gets burned, or is injured by tools during the renovation, you may have to pay out the full claim first — and only then try to recover it from the contractor.

Statutory minimum insured amounts and penalties — the official figures

Per the Labour Department's concise guide to the Employees' Compensation Ordinance, the statutory minimum insurance cover is:

Number of employeesMinimum insurance cover per event
Not more than 200Not less than HK$100 million
More than 200Not less than HK$200 million

One thing to note in particular: where you take on construction work as a principal contractor (renovation counts as construction work), you may take out a policy for not less than HK$200 million per event, covering both your own liability and that of your sub-contractor(s) under the Ordinance and at common law. The principal contractor and sub-contractor(s) should clearly define this liability split in writing.

An employer who fails to secure the required insurance is liable to prosecution and, upon conviction, to a maximum fine of HK$100,000 and imprisonment for two years.

What CAR/EAR insurance covers — and why it isn't Public Liability

Even once the worker-liability question is sorted, there's another layer most owners haven't thought through: physical damage and third-party injury arising from the renovation itself isn't automatically covered by the Public Liability policy your shop already carries for day-to-day trading.

A Public Liability policy generally covers accidents during "normal trading" — a customer slipping in-store, a shelf falling on someone. Renovation and construction work is treated as elevated risk, and many policies explicitly exclude it. That's where Contractors' All Risks (CAR) / Erection All Risks (EAR) insurance comes in:

CoverageWhat it coversWho should buy it
Employees' Compensation InsuranceContractors' / renovation workers' injuries on the job — legally mandatoryThe contractor (direct employer); principal contractor joint liability
CAR insurancePhysical damage to works-in-progress (materials, partitions, fittings), plus third-party bodily injury / property damage liability arising from the worksWhoever is responsible for the renovation — the contractor, or the shop owner buying it to protect themselves
Public Liability InsuranceThird-party accidents during normal trading (often excludes the renovation period)The shop owner / operator

These three cover different phases and different parties — having one doesn't mean the other two are covered. Confirm before the works start whether the contractor or you are buying each of them.

What malls and landlords typically require

Many mall management offices or landlords write their own clauses into the tenancy agreement or fit-out handbook, requiring contractors to produce original copies of their CAR policy and Employees' Compensation policy before work can start. This is a contractual requirement, not a statutory one — but in practice, no policy usually means no access to the site. Confirm the specific requirements with management or the landlord before work begins, rather than getting shut down mid-renovation.

What owners can do before renovating

Frequently Asked Questions

I'm not a contracting company — can I still be a "principal contractor" under the Ordinance?
Yes, potentially. If you hire several contractors, electricians, or casual workers directly instead of outsourcing the whole renovation to one main contractor, and one of those workers is injured on the job while their direct employer doesn't hold adequate insurance, the injured worker can claim the full compensation from you directly, under Section 24 of the Employees' Compensation Ordinance — as the party who arranged the works. You can later try to recover the payout from the contractor, but you're on the hook first.
What's the difference between CAR/EAR insurance and Public Liability insurance?
A Public Liability policy generally covers third-party accidents arising from your shop's "day-to-day operations." Many policies explicitly exclude incidents arising during renovation or construction works, because that period carries materially higher risk than normal trading. Contractors' All Risks (CAR) / Erection All Risks (EAR) insurance is what actually covers physical damage and third-party injury or property damage arising from the works themselves. The two cover different phases and different risks — one cannot substitute for the other.
My mall management or landlord says contractors must show proof of insurance before starting work — is that a legal requirement?
No. There is no general Hong Kong ordinance that compels a contractor to hold CAR/EAR insurance — the only genuinely mandatory cover is Employees' Compensation Insurance. But mall management offices and landlords frequently write their own clauses into the tenancy agreement or fit-out handbook, requiring contractors to produce a CAR policy and an Employees' Compensation policy before they're allowed on site. That's a contractual requirement, not a statutory one — but it's just as binding in practice: no policy, no access.
My contractor says they already have Employees' Compensation insurance — do I still need to verify it?
Yes. A verbal assurance is not proof — ask to see the actual policy document, and check that the insured amount meets the statutory minimum (HK$100 million per event, or HK$200 million if the arrangement involves principal contractor joint liability) and that the policy period actually covers the full renovation timeline before you take their word for it.