A wrong quantity costs a contractor money. A wrong design number can cost a building.Founded by a software developer who runs an AI app.
We place technology E&O with contingent bodily injury and property damage for AI estimating, takeoff, scheduling, design and structural tools and site-safety AI, and we tell you where the line sits between a software mistake and the practice of engineering.
Tell us the situation.
One licensed human replies the same business day — not five agents, not an auto-responder. If the policy you have is already the right one, we will tell you.
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The person placing your tech E&O runs an app with an AI coach of his own.
Kevin Kelsey
Founder | Principal Agent
Boring’s founder, Kevin Kelsey, owns and runs TrainRec, a fitness app with a built-in AI coach, and has placed insurance for AI apps. Insuring his own taught him how an underwriter reads a model. Personal guidance from an AI reads more like the work of a professional than like software, technology E&O forms commonly exclude bodily injury, and not every form will add it back. So whether your app answers money, health, hiring or farming questions, the gap between what it says and what the policy covers gets read by someone who has had to close it for his own product.
Send us what you have. We’ll tell you if it’s right.
Your current policy paperwork, a renewal notice, or nothing at all. A licensed agent reads it and replies the same business day.
What construction tech app businesses actually need.
Technology E&O with contingent bodily injury and property damage
Claims that a quantity, schedule, design output or safety alert from your software was wrong, including an injury or property damage a customer says followed from relying on it.
Without it — Tech E&O forms commonly exclude bodily injury and property damage, which are exactly what a wrong design number or a missed hazard produces. Ask for the contingent grant by name and check it names both.
Contractors errors & omissions
Covers faulty workmanship and professional mistakes: the cost of the work itself being wrong, which general liability excludes by design.
Without it — If your own company also builds, advises or manages projects, the contractor’s professional policy is the one that answers a design or coordination claim on those jobs.
Professional liability
Covers the advice, the drawing, the diagnosis. The work itself, rather than someone getting hurt on your premises.
Without it — A tool or service that does what a licensed professional does reads like a professional service, and professional liability is the policy built for that kind of claim.
Cyber & tech E&O
Breach response, ransomware and the notification costs that follow. Technology errors and omissions sits on the same policy and covers the software or service itself failing a client, which is the half most tech companies find out about too late.
Without it — Project files, bids, payroll and site cameras hold a customer’s data, and a leak of a competitor’s bid is a claim of its own.
Product liability
Injury or damage caused by a physical device you make or sell, such as a wearable, a drone or a site sensor.
Without it — Software coverage does not follow your software onto hardware you ship, so a connected device needs its own policy.
General liability
Third-party bodily injury and property damage. It is the line nearly every contract names by default.
Without it — The certificate a general contractor asks for first. Read it for a professional services or technology exclusion, which is where a design or monitoring claim tends to land.
What the regulators actually wrote down.
Texas defines the practice of engineering as performing or offering or attempting to perform any public or private service or creative work whose adequate performance requires engineering education, training and experience in applying special knowledge or judgment of the mathematical, physical or engineering sciences.
Texas Occupations Code 1001.003(b), Practice of Engineering · checked 2026-11-01
In Texas the practice of engineering includes design or conceptual design of engineering works or systems, development or optimization of plans and specifications for them, and engineering for the construction, alteration or repair of real property.
Texas Occupations Code 1001.003(c)(2), (3) and (7) · checked 2026-11-01
Texas law bars a person from receiving or being promised a fee for engaging in the practice of engineering unless the person holds an engineering license, and presumes that anyone who engages in, offers or attempts conduct described in that section is practicing engineering.
Texas Occupations Code 1001.301(d) and (e), Practice of engineering; unlicensed practice · checked 2026-11-01
The professional services exclusion on a businessowners policy form this agency read in a 2026 placement lists any health or therapeutic service, treatment, advice or instruction, and an underwriter said in writing that a businessowners technology extension would not really reach workout guidance, so general liability and BOP forms should not be assumed to answer a claim from software output that reads as professional advice.
Kevin Kelsey, agency placement experience (businessowners form and underwriter correspondence, insurers not named) · checked 2026-10-29
The claims we actually see.
Ordered by how often we see them, not by how dramatic they are. Each one names the coverage that answers it — and the policy people wrongly assume already does.
Most common
A takeoff or estimate is wrong and the contractor loses money on a bid
Covered by Technology E&O
A pure financial loss is what tech E&O was built for, so this is the claim that is usually covered. The fight is over your contract: a limit of liability, a disclaimer that the user must check the numbers, and whether the claimed loss was foreseeable.
Less common, severe
A design or structural output is wrong and something cracks, collapses or fails inspection
Covered by Technology E&O with contingent property damage and bodily injury
Property damage and injury are the losses the standard form excludes, and the contractor’s general liability may exclude professional services. If your tool does work only a licensed engineer may do, a regulator or a plaintiff can also raise unlicensed practice, which insurance may not answer.
Less common, severe
A site-safety AI misses a hazard and a worker is hurt
Covered by Technology E&O with contingent bodily injury, plus the site’s own workers’ compensation
The injured worker is normally covered by the employer’s workers’ compensation, and that insurer can often pursue an outside party for what it paid. Your policy then has to answer a claim by the employer’s insurer, which a tech E&O with an injury exclusion does not.
Common
A scheduling or coordination tool causes delay and the owner claims damages
Covered by Technology E&O
Delay damages are financial and fit tech E&O, but your contract may exclude consequential damages or cap them, and some forms carve out claims for guaranteed completion dates.
What our construction tech app clients ask us.
What does tech E&O cover for a construction software company?
Claims that your software was wrong and a customer lost money because of it: a takeoff that undercounted material, a schedule that missed a dependency, a bid that was priced off a bad quantity. Those are ordinary tech E&O claims and they are usually covered. It becomes harder when the error produces property damage or an injury, because most tech E&O forms exclude both unless a contingent grant is added.
What are contingent property damage and contingent bodily injury?
Contingent bodily injury is an injury someone says came from relying on your software’s output, not from anything your company physically did. Contingent property damage is the same for things: a slab that cracked, a wall that was built wrong, equipment that was damaged. For construction software the contractor built what the tool said, so the harm is contingent on the output being wrong. It is usually added to the tech E&O as an endorsement.
Where is the line between a software error and engineering?
A wrong quantity in a takeoff is arithmetic the contractor can check, and the loss is money. A design, a load number or a structural check is different: Texas defines the practice of engineering as work whose adequate performance requires engineering education and experience applying judgment of the mathematical, physical or engineering sciences, and includes design, plans and specifications and engineering for construction of real property. It also bars taking a fee for practice without a license and presumes anyone who offers or attempts it is practicing (Texas Occupations Code 1001.003 and 1001.301). We are not saying software is practicing engineering. We are saying a regulator or a plaintiff can ask, and your insurance has to survive the question.
Our tool says an engineer must review its output. Is that enough?
It helps, and it is not enough alone. A clear requirement that a licensed professional check structural output, an interface that makes the check unavoidable and a record that it happened all make a claim easier to defend, and underwriters ask for them. They do not stop a claim being filed, and the legal defense arrives either way. The disclaimer and the coverage do different jobs.
The contractors who use our software have general liability. Why can’t they rely on it?
General liability covers accidents, and many policies carry a professional services exclusion that removes injury or damage arising from design, engineering or advice the insured gives. A contractor that builds what a tool computed may find the claim excluded as a professional service, and the contractor’s lawyer will then look to you. A contractor who also does design-build needs its own contractors professional policy.
How is this different from the fitness app page?
The fitness page is about contingent bodily injury to the user. Construction tech adds property damage, which tech E&O forms commonly exclude as well, and it often involves a third party: the building’s owner, a tenant or a worker on another firm’s crew. Those people never accepted your terms, so a disclaimer in the software does not reach them. The same contingent grant applies and the claim is larger.
Fitness and health app insurance, where contingent bodily injury starts
We make AI estimating software. Is that a different risk from design software?
Yes, and the underwriter will separate them. Estimating and takeoff tools are mostly about money, and a human estimator normally checks the numbers before a bid goes out. Tools that size a member, check a load or produce a drawing a contractor builds from are closer to professional work. Say which one you are, and say whether anyone licensed reviews the output.
Does AI-generated output change the coverage?
It can. A model that invents a dimension, misreads a plan or generates a schedule with a missing dependency is producing wrong output, and some 2026 forms exclude or limit generative AI claims. Ask whether the tech E&O and the contingent grant cover claims arising from AI output, and whether the contractor’s general liability carries a generative AI exclusion.
A general contractor wants us to indemnify them. What should we check?
Read what the indemnity covers, then check that your insurance covers the same thing. Software contracts with builders often ask you to defend and hold harmless against claims arising from the software, and a claim of property damage or injury is one of them. If your tech E&O excludes both, you have promised something no policy stands behind. Send us the agreement before signing.
We make site cameras, wearables or drones with software. Does tech E&O cover that?
Not the hardware. Software coverage does not follow your software onto a device, and an injury or damage caused by a device you make or sell is a product liability claim. Place a product policy for the hardware beside the tech E&O for the software, and have them read together for a gap.
What will the underwriter ask a construction tech app?
What the software decides and what it only suggests, whether a licensed professional reviews structural or safety output, who the customers are (contractors, owners, engineers), what the tool does for a project over a stated size, which AI model or vendor produces the output, how errors are caught and logged, what your contract says about limits and about checking the numbers, whether any of it runs on hardware you sell, how many users and how much revenue, which states and countries, and prior claims. The structural questions are the ones that decide whether the form reads you as software or as an engineering service.
Our software was built fast with AI coding tools. Does that matter?
It changes the questions. Code written quickly and tested thinly is exactly what an underwriter probes when the output is a number someone builds from. Say who reviews the code, and how a bad number would be caught before a contractor builds from it.
We sell to builders outside the US. Does our insurance follow?
Not automatically. Many tech E&O policies only defend claims brought in the US or Canada, and building codes and engineering rules differ by country. Check where claims may be brought before you sell abroad.
Do we need cyber insurance too?
Probably. Construction software holds bids, drawings, payroll and project schedules. A breach of a contractor’s bid before it was submitted, or a ransomware attack that stops a project, is a cyber claim, and tech E&O is not built to answer it.
Which NAICS codes does this page cover?
Construction software usually files under 513210 Software Publishers, 541511 Custom Computer Programming Services, 541512 Computer Systems Design Services or 518210 Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services. Tools that perform the work of a design or inspection firm sit near 541330 Engineering Services, 541310 Architectural Services, 541350 Building Inspection Services and 541370 Surveying and Mapping (except Geophysical) Services, and a company that also builds uses 236220 Commercial and Institutional Building Construction. Tell us the code on your paperwork and whether you sell software or perform a service.
Where does this sit among insurance for AI apps?
Construction tech is one of the industries where software output moves something physical. Others handle money, health or hiring, each with its own exposure and its own gap between policies. The hub lists every industry we have written up.
Also in this family
Guides on construction tech app.
- Bodily Injury vs Contingent Bodily InjuryGeneral liability pays for injuries you cause by accident, and E&O pays for money lost to your mistakes. An injury caused by a mistake in your app, software or advice falls between them, and contingent bodily injury on the E&O is how that gap is closed.
- Insurance for an App Launching WorldwideAn app store launch puts your app in front of users in dozens of countries on the first day. Your tech E&O may only defend claims filed in the US or Canada, and your cyber policy has to handle European privacy rules, where health and fitness readings are a special category of data.
- Vibe-Coded App InsuranceA vibe-coded app carries the same liability as any other, and the documented failures are security ones: open databases, exposed keys and an agent that deleted data. Here is which policy answers which failure, what the AI tool providers say about who is responsible, and what to check before you buy.
Commercial insurance is 96% of what we do — it is not a department here, it is the whole business. Not ready to talk? The guides answer the questions this page raises in more depth. Already insured with us and need a certificate or a policy change? Ask the service team rather than starting a quote — it is faster and it goes to the people whose job it is. We also write home and auto, which is usually cheaper alongside the business policy than apart from it.
Handed a lease, a vendor packet or a client contract with insurance requirements? Paste it into the COI Requirements Decoder to see what each one means for your business, or read what the requirements mean.