# North Dakota contractor insurance requirements

> What North Dakota law says about workers' comp, contractor license insurance and indemnity clauses, and what to check on a contractor COI for a project there.

Reviewed Oct 28, 2026 by Forsured. Source: https://forsured.ai/coi-requirements/north-dakota/

## The short version

- Workers' comp required at: 1 employee (state fund)
- License insurance minimum: Liability certificate + WSI
- Anti-indemnity statute voids: No general statute

## Workers' comp in North Dakota

Any business with employees working in North Dakota must have workers' comp, and it can only come from the state fund, Workforce Safety & Insurance (WSI).

Agency: [North Dakota Workforce Safety & Insurance](https://www.workforcesafety.com/)

## Contractor licensing and insurance

North Dakota requires a contractor license for jobs over $4,000. The application needs a certificate of liability insurance with the Secretary of State as certificate holder and a WSI certificate of payment or letter of good standing.

## Indemnity and additional insured clauses

North Dakota has no general construction anti-indemnity statute. Its laws void indemnity for intentional or unlawful acts (N.D. Cent. Code § 9-08-02) and limit clauses that shift an owner's design errors onto a contractor (§ 9-08-02.1).

## What to check on a contractor COI for a North Dakota project

1. **Workers' comp.** North Dakota workers' comp comes only from the state fund, so a private carrier's workers' comp line on the COI doesn't cover work there. Ask for the state fund certificate, and look for stop gap employers liability, which is usually added to the general liability policy.
2. **General liability.** A North Dakota license only shows the contractor met the state's floor. Compare each limit on the COI with your project requirements, which are usually higher.
3. **Additional insured.** The endorsement is a separate promise from the indemnity clause, so check both. Ask for the endorsement itself, not just a box ticked on the certificate.
4. **Dates.** Every policy should run through the end of the job. A COI only shows coverage on the day it was issued, so check again at each renewal.

## Common questions

### Do contractors need workers' comp in North Dakota?

Any business with employees working in North Dakota must have workers' comp, and it can only come from the state fund, Workforce Safety & Insurance (WSI).

### Does North Dakota require contractors to carry general liability insurance?

North Dakota requires a contractor license for jobs over $4,000. The application needs a certificate of liability insurance with the Secretary of State as certificate holder and a WSI certificate of payment or letter of good standing.

### Can a North Dakota construction contract make a contractor cover another party's negligence?

North Dakota has no general construction anti-indemnity statute. Its laws void indemnity for intentional or unlawful acts (N.D. Cent. Code § 9-08-02) and limit clauses that shift an owner's design errors onto a contractor (§ 9-08-02.1).

## Sources

1. [North Dakota workers' comp requirements](https://onpay.com/insights/workers-comp-requirements-by-state/north-dakota/), OnPay, Jun 2026
2. [Contractors](https://sos.nd.gov/business/contractors), North Dakota Secretary of State
3. [What is stop gap coverage?](https://www.hubinternational.com/en-us/insurance-glossary/s/stop-gap-coverage/), HUB International
4. [Anti-Indemnity Statutes in All 50 States (2023)](https://grsm.com/wp-content/uploads/2023/10/Anti-Indemnity-Statutes-2023.pdf), Gordon Rees Scully Mansukhani, 2023
5. [State Workers' Compensation Officials](https://www.dol.gov/agencies/owcp/wc), U.S. Department of Labor

General information, not legal advice. Confirm with the state agency, your broker or your attorney.

---
Forsured: construction insurance compliance software. https://forsured.ai · hello@forsured.ai