Public gardens are vibrant spaces that welcome visitors, host events, and collaborate with a wide range of contractors, vendors, and artists. With so many moving parts and outside parties involved, managing risk becomes an essential part of ensuring your garden’s ongoing success and safety. One of the most effective tools available to garden administrators is contractual risk transfer, supported by the careful review of certificates of insurance. Understanding how these processes work—and why they matter—can protect your garden from unexpected liabilities and help create a safer, more resilient environment for everyone.
These days all contractors and providers of services should be expecting to provide your Garden with their Certificate of Insurance prior to commencing any work. Whenever you hire an outside party to perform work on your behalf and who may create liability, it is important to confirm that the firm you are working with has the appropriate insurance in place. As an example, a food vendor sets up for an event and damages a historic statue. If the vendor does not have insurance in place or if an indemnification agreement is missing, the Garden could be responsible for repairs or replacement of the statue. As another example, if one of your service contractors is working in the garden and is injured due to uneven terrain, without adequate risk transfer or proper insurance, that contractor could sue the Garden for medical expenses and lost wages. Requesting a Certificate is considered a best practice and it not out of the ordinary. Contractors and Vendors should expect to provide this to their prospective clients.
The Certificate process typically begins at the point of contract negotiation. It is important to understand the terms of the contract, the indemnification provision and the insurance requirements, which are most often found with the contract terms. These are critical steps in minimizing future liabilities as well as compensation for damages or injuries.
