A hold harmless agreement is a contractual clause in which one party agrees to not hold the other party liable for certain risks, losses, or damages. In roofing construction contracts, hold harmless clauses typically require the subcontractor to assume responsibility for claims arising from their work and to protect the GC and property owner from liability related to the subcontractor's operations. The terms "hold harmless" and "indemnification" are often used interchangeably in construction contracts, though they have slightly different legal meanings in some jurisdictions.
Hold harmless agreements in roofing contracts come in the same three forms as indemnification clauses: limited form (you hold the GC harmless only for your own negligence), intermediate form (you hold the GC harmless for your negligence and shared fault), and broad form (you hold the GC harmless for all claims, including their own negligence). Texas and many other states have anti-indemnity statutes that restrict enforcement of broad form hold harmless clauses in construction contracts.
Your CGL policy's contractual liability coverage responds to hold harmless obligations you assume in insured contracts. However, the coverage aligns with what is legally enforceable. If you sign a broad form hold harmless clause that is void under state law, your insurer is not obligated to cover the unenforceable portion. Before signing a hold harmless agreement, understand its scope, verify it is enforceable in your state, and confirm your insurance covers the obligations you are assuming. A hold harmless clause that exceeds your coverage creates a personal liability exposure that your policy will not protect.