Rothberg Specialty provides insurance consultation and program placement for GCs, owners, developers, and operators in the AI data center space — across all 16 of our active markets.
Data centers are the physical backbone of the AI economy. The construction market is projected to grow from $17 billion in 2024 to nearly $29 billion by 2033. Every single one of Rothberg Specialty's 16 active markets has active or imminent data center construction. Total disclosed investment across those states exceeds $200 billion.
GCs, owners, and operators are routinely entering these projects with traditional commercial insurance programs that were never designed for this asset class — Builder's Risk policies that terminate ambiguously in phased builds, CGL policies with exclusions that carve out the most valuable equipment on site, E&O gaps that leave performance liability entirely uncovered.
Rothberg Specialty is positioned at the intersection of specialty insurance expertise and the data center construction boom. We serve clients who need more than policy placement — they need an advisor who has read the language, mapped the exclusions, and knows where coverage stops before a loss happens.
Every other broker entering this space is leading with placement. We lead with expertise. The consultation is the primary product. The placement is the natural outcome.
A GC who engages us for a pre-construction risk map and contract-to-coverage alignment review is already our placement client. We designed the program. We know the exposures. No other broker can compete on that ground.
Data centers are not commercial buildings with servers in them. They require purpose-built program architecture.
Tenants may operate live servers while construction continues nearby. When is the project "complete" for Builder's Risk? Courts haven't settled it — your insurer will argue the most restrictive date at claim time.
A data center's value depends on precision installation of cooling systems, UPS units, generators, Li-ion batteries, and switchgear. One defective installation can cascade into millions in equipment damage — and Builder's Risk excludes the corrective work.
Server racks and IT hardware are legally classified as trade fixtures — personal property, not part of the building. CGL exclusion j(4) applies directly to the most expensive equipment on site.
Data center contracts specify uptime requirements and temperature tolerances with liquidated damages for failure. Neither Builder's Risk nor CGL covers contractual penalties. This exposure has no traditional policy home.
Lithium-ion battery systems present elevated fire risk through thermal runaway. Texas SB 6 now mandates 50% on-site backup generation, increasing this exposure on every Texas project.
These facilities run 24/7. Downtime costs reach $300,000–$5 million per hour. Standard BI requires physical loss to trigger and may exclude power failures entirely.
Each policy line reviewed against data center risk. Click to expand.
Covers direct physical loss during construction. For powered shell projects built in phases, the policy's "completion" date is a live legal dispute — courts have reached conflicting results and insurers will argue the earliest possible date. Defective workmanship, moisture/corrosion on stored equipment, and contractual liquidated damages are all excluded.
Fix: Negotiate a phased occupancy endorsement before binding. Address ensuing loss language for the specific jurisdiction. Confirm stored equipment coverage before early procurement begins.
Exclusion j(4) bars coverage for personal property in the care, custody, or control of the insured. Server racks, IT hardware, and cooling components are legally classified as trade fixtures — personal property, not part of the building. Insurers will invoke j(4) to deny coverage for the most expensive assets on site.
Exclusion j(5) can eliminate CGL coverage for any property damage where the GC's scope covers the entire facility. Electronic data is not tangible property under standard CGL definitions — a standalone cyber policy is mandatory.
When a GC delegates cooling system design to an engineer who miscalculates heat load and the HVAC fails to meet contractual temperature tolerances, the resulting financial exposure is purely economic. Neither CGL nor Builder's Risk responds. Only professional liability covers it — and only if the definition of "professional services" is broad enough to capture delegated design work. Every subcontractor with delegated design duties must carry their own E&O.
Standard BI requires physical loss to trigger. Utility services exclusions may bar coverage for power failure interruptions entirely — a critical gap as data center construction strains U.S. power grids. BI limits must be calculated from actual hourly revenue at risk. Contingent BI coverage and power failure buy-backs are essential program components.
CGL explicitly excludes data-related liability. A dedicated cyber policy is not optional. Coverage spans data breaches, ransomware, system failures, and third-party liability. As generative AI risk evolves, insurers are adopting AI-specific exclusions. Policies must be reviewed at every renewal for new exclusion language.
Wrap-up programs frequently carry excess limits inadequate for data center risk and contain manuscript exclusions that enrolled parties normally rely on under their own corporate programs. Once enrolled, parties cannot access their own policies due to wrap-up exclusions. SDI is critical for data center subcontractor complexity but market capacity is limited — phased projects with multiple carriers create stacking complexity that produces inadvertent coverage gaps.
| Policy | Primary Risk | Key Gap | Fix |
|---|---|---|---|
| Builder's Risk | Phased completion; defective workmanship; stored equipment | Completion ambiguity; workmanship exclusion; moisture/corrosion | Phased occupancyEnsuing loss negotiation |
| CGL | Trade fixture equipment; ongoing operations | j(4) care/custody; j(5) ongoing ops; data exclusion | Manuscript endorsementsCyber standalone |
| E&O | Economic loss from delegated design failure | Narrow "professional services" definition | Broad PS definitionSub E&O flow-down |
| Business Interruption | Power failure; supply chain; extended downtime | Physical loss trigger; utility services exclusion | Contingent BIPower failure buy-back |
| Cyber | Data breach; ransomware; AI system failure | Protocol exclusions; emerging AI exclusions | Annual reviewBuy-back endorsements |
| Wrap-Up / OCIP | Limits inadequate; enrolled parties locked out | Course of construction exclusion; low excess limits | Pre-enrollment reviewNegotiate exclusions |
| SDI | Subcontractor default; phased project gaps | Limited capacity; multi-carrier stacking | Careful layeringBroker coordination |
Three distinct client profiles. Three distinct sets of uninsured exposure.
You have signed contracts with performance specifications, liquidated damages clauses, and warranty obligations your insurance program was not built to support. We map your contractual risk against your program and identify every gap before a loss forces the issue.
Your powered shell build strategy accelerates time-to-value and creates a coverage landmine if your Builder's Risk has not been endorsed for phased occupancy. We structure your program to address the phased build reality explicitly — before the policy is bound.
Your server racks and IT hardware are personal property under the law — the care, custody, and control exclusion applies to your equipment in the GC's CGL policy. We review your exposure from the inside out.
Our primary engagement is advisory — risk consulting independent of placement. Priced based on scope.
Fee-based, standalone engagements delivered as written work product. Independent of placement.
Written analysis of project exposures mapped against insurance obligations in contract documents. Delivered before ground breaks.
Policy-by-policy review against the actual risk profile of a data center project or operating facility. Delivered as a written report.
Review of prime contract, lease terms, and subcontract agreements against the proposed insurance program — focused on liquidated damages, SLA exposure, and risk allocation.
Financial analysis of uninsured exposure from contractual performance standards. Knowing the magnitude changes how a GC should draft the contract language.
Access to admitted and surplus lines markets, AM Best A-rated carrier relationships, and manuscript endorsement capability.
Builder's Risk, CGL, E&O, SDI, Cyber, and BI structured specifically for data center risk — manuscript language, phased occupancy endorsements, and surplus lines access.
Expert advisory during coverage disputes — ensuing loss fights, completion date ambiguity, exclusion challenges. Available to policyholders and counsel.
Nashville-based, nationally deployed — licensed in 48 states. Total disclosed investment across our 16 active states exceeds $200 billion.
Every day a data center project moves forward without a purpose-built insurance program is a day the GC, owner, or operator is carrying risk they cannot see. We built this practice to close that gap — across all 16 of our active markets.
Schedule a consultation. Bring your contracts, your policies, or just your questions. We will tell you exactly where you stand.
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