Insuring Your Infrastructure is Our Specialty Business

Data center projects carry risk
most brokers cannot see.

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.

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$475B
DC spend 2025
Gartner
$7T
Global DC spend
next 5 years
$5M+
Max hourly
downtime cost
16
Active Rothberg
markets — live pipeline
The Opportunity and the Exposure

The insurance market has not kept pace with data center growth.

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.

Consultation First

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.

48-State Licensed Surplus Lines Access AM Best A-Rated Markets Manuscript Capability
Why This Is Different

Six risk dimensions standard policies were never built to handle.

Data centers are not commercial buildings with servers in them. They require purpose-built program architecture.

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Phased Powered Shell Construction

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.

⚙️

Defective Workmanship Cascade

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.

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The Trade Fixture Trap

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.

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Performance SLA Liability

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.

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Li-Ion Battery Fire Risk

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.

Downtime Economics

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.

Coverage Analysis

Where protection exists — and where the gaps live.

Each policy line reviewed against data center risk. Click to expand.

⚠ Phased Completion Ambiguity

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.

⚠ j(4) Trade Fixture — Personal Property Trap

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.

⚠ Pure Economic Loss — No CGL or Builder's Risk Response

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.

⚠ Utility Services Exclusion — Power Failure Gap

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.

⚠ AI Exclusions Emerging — Review at Every Renewal

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.

⚠ Enrolled Parties Locked Out of Own Policies

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.

Coverage Gap Matrix

At a glance — where coverage fails and how to fix it.

PolicyPrimary RiskKey GapFix
Builder's RiskPhased completion; defective workmanship; stored equipmentCompletion ambiguity; workmanship exclusion; moisture/corrosionPhased occupancyEnsuing loss negotiation
CGLTrade fixture equipment; ongoing operationsj(4) care/custody; j(5) ongoing ops; data exclusionManuscript endorsementsCyber standalone
E&OEconomic loss from delegated design failureNarrow "professional services" definitionBroad PS definitionSub E&O flow-down
Business InterruptionPower failure; supply chain; extended downtimePhysical loss trigger; utility services exclusionContingent BIPower failure buy-back
CyberData breach; ransomware; AI system failureProtocol exclusions; emerging AI exclusionsAnnual reviewBuy-back endorsements
Wrap-Up / OCIPLimits inadequate; enrolled parties locked outCourse of construction exclusion; low excess limitsPre-enrollment reviewNegotiate exclusions
SDISubcontractor default; phased project gapsLimited capacity; multi-carrier stackingCareful layeringBroker coordination
Client Profiles

Who we work with.

Three distinct client profiles. Three distinct sets of uninsured exposure.

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General Contractors

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.

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Owners & Developers

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.

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Tenants & Operators

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.

Advisory & Placement Services

Consultation first. Placement where it follows.

Our primary engagement is advisory — risk consulting independent of placement. Priced based on scope.

Track 1 — Advisory

Risk Consultation & Analysis

Fee-based, standalone engagements delivered as written work product. Independent of placement.

01

Pre-Construction Risk Map

Written analysis of project exposures mapped against insurance obligations in contract documents. Delivered before ground breaks.

02

Coverage Gap Audit

Policy-by-policy review against the actual risk profile of a data center project or operating facility. Delivered as a written report.

03

Contract-to-Coverage Alignment

Review of prime contract, lease terms, and subcontract agreements against the proposed insurance program — focused on liquidated damages, SLA exposure, and risk allocation.

04

SLA & LD Exposure Quantification

Financial analysis of uninsured exposure from contractual performance standards. Knowing the magnitude changes how a GC should draft the contract language.

Track 2 — Placement

Insurance Program Placement & Market Access

Access to admitted and surplus lines markets, AM Best A-rated carrier relationships, and manuscript endorsement capability.

05

Program Design & Placement

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.

06

Claims & Litigation Support

Expert advisory during coverage disputes — ensuing loss fights, completion date ambiguity, exclusion challenges. Available to policyholders and counsel.

Active Markets

All 16 Rothberg Specialty markets have an active data center pipeline.

Nashville-based, nationally deployed — licensed in 48 states. Total disclosed investment across our 16 active states exceeds $200 billion.

Tennessee
Tier 1 — Home Market
DOE Federal Site + Nashville Headquarters
  • Oak Ridge Reservation — 37,000 acres, DOE RFP issued Dec 2025
  • TVA 500kV transmission on site; adjacent to ORNL
  • Arnold AFB — active military land lease solicitation
  • Award decisions pending — pre-award outreach window open now
🏗 Federal land programs active — award imminent
Kentucky
Tier 1 — Federal Site
DOE Federal Site — Paducah Gaseous Diffusion Plant
  • NNSA Request for Offer — proposals due Jan 30, 2026
  • Award decision expected imminently
  • Bidding developers in holding pattern — zero insurance work done yet
  • Federal land lease structure creates unique program complexity
🏗 Highest-probability early federal engagement
Texas
Tier 1 — Largest Market
6.5 GW Under Construction — World's Fastest-Growing DC Market
  • Stargate (Oracle/OpenAI) — Abilene, $100B, 10+ GW campuses
  • Vantage Frontier — Shackelford County, $25B, 1.4 GW, active construction
  • HyperGrid / Project Matador — Amarillo/Panhandle, $300B planned
  • CyrusOne/Carlyle — Fort Bliss, $2B federal land 50-year lease
  • SB 6 — 50% on-site backup generation mandate, new insurance implications
💰 $200B+ in active Texas projects
Oklahoma
Tier 1 — Least Competition
$21.4B Disclosed Investment — 9 Projects
  • Meta Tulsa (Project Anthem) — $1B+, 1,000+ peak workers
  • Google Muskogee County — $9B, two separate facilities
  • DAMAC Properties — $20B U.S. program includes Oklahoma
  • Beale Infrastructure — Project Atlas, Coweta
  • Highest early-engagement probability — minimal specialist competition
💰 $21.4B disclosed — first-mover advantage available
Virginia
Tier 1 — #1 State by Volume
World's Largest DC Market — $15.3B Construction Starts in 2025
  • Northern Virginia — 13% of all global data center capacity
  • CleanArc VA1 — Caroline County, $3B, 900 MW, groundbreaking Q4 2025
  • Vantage — Stafford County, $2.2B, 929,000 sq ft, 3 buildings
  • Google — Chesterfield County, $9B Virginia investment
  • Stafford County alone has 18 projects in pipeline
💰 $15.3B in 2025 starts — #1 nationally
North Carolina
Tier 1 — $38B Pipeline
Duke Energy Forecasts DC Power Demand Doubling to 6 GW
  • ESS Tarboro — $19.2B, 900 MW, 24 phases, groundbreaking Q1 2026
  • ESS Fayetteville — twin $19.2B project planned simultaneously
  • Amazon — $10B Richmond County investment
  • Microsoft — 1,385-acre Person County megasite
💰 ESS phased build is a textbook consultation engagement
Georgia
Active
Atlanta — Fastest-Growing DC Market in the U.S.
  • DC BLOX Atlanta West — $1.15B, 200 MW, Lithia Springs
  • Microsoft Project Fulton — South Fulton, 116 acres, East US 3 Azure
  • QTS Atlanta 2 — Fayetteville, 3 buildings at 440,000 sq ft (Blackstone)
  • Amazon — 984 acres Lamar County, $270M land acquisition
💰 Atlanta leading Southeast construction volume
Alabama
Active
Project Marvel $14.5B Approved + Meta + Google Active
  • Project Marvel — Bessemer, $14.5B, 1.2 GW, 18 buildings, 673 acres
  • Meta Montgomery — $1.5B, 1.3M sq ft, operational
  • Meta Huntsville — $3B combined Alabama investment
  • DC BLOX Birmingham — 54 MW expansion; Core Scientific Auburn — $400M
💰 $14.5B Project Marvel — largest investment in state history
Illinois
Active
33+ Projects, $41B+ Investment — Tax Incentives Suspended July 2026
  • T5 Chicago IV — Grayslake, 1.2 GW, 20 buildings, first phase 2027
  • CyrusOne Chicago — 500,000 sq ft campus, topped out 2025
  • ComEd received 75+ applications totaling 28 GW of combined load
  • Governor Pritzker suspended state tax incentives effective July 2026
💰 High volume — regulatory friction creates advisory need
Arkansas
Tier 1 — First-Mover
AVAIO Digital $21B + Google $4B — Zero Specialist Competition
  • AVAIO Digital Leo — Little Rock, $6B Phase 1, $21B total, 760 acres, Q1 2026
  • CEO: Mark McComiskey, Stamford CT — Phase 1 GC not yet publicly named
  • Google West Memphis — $4B, 1,100 acres
  • Three additional projects in Conway, Clarksville, Little Rock Port
💰 $25B+ pipeline — highest first-mover advantage in portfolio
South Carolina
Active
Savannah River DOE Site + DC BLOX Southeast Expansion
  • Savannah River Site (Aiken) — DOE federal land solicitation active
  • DC BLOX North Augusta — 5 MW hyperscale edge node, expandable to 40 MW
  • ESS projects planned in SC alongside NC campuses
  • Hurricane and coastal wind — complex deductible structures required
💰 DOE federal site + Southeast corridor
Washington
Active
Microsoft & Amazon Home State — 126 Data Centers, 7M Sq Ft
  • Microsoft — $37.5B Q4 2025 capex, 66% YOY increase
  • Amazon — $200B worldwide 2026 capex, significant WA component
  • HB 2515 — state legislation addressing data center power consumption
  • Permitting timelines lengthening — delay and BI exposure increasing
💰 Permanently dense pipeline — Microsoft and Amazon home state
California
Active
321 Data Centers — Enterprise Demand Steady
  • Imperial County — California's largest proposed DC, water rights disputes ongoing
  • Power constraints limiting new mega-projects; E&S placement opportunity growing
  • Wildfire exposure on facility grounds and transmission infrastructure
💰 321 existing facilities — operational policy review opportunity
Missouri
Active
Meta Kansas City Operational — McCarthy Building Companies HQ
  • Meta Kansas City — $1B facility operational in 2025
  • MISO grid access driving continued inland expansion
  • McCarthy Building Companies headquartered St. Louis — GC warm introduction
  • Tornado and convective storm exposure — specialized underwriting required
💰 McCarthy HQ — AGC paper co-author relationship entry point
Minnesota
Active
Midwest Hub — Mortenson Home Market
  • Confirmed $1B+ investment threshold in active pipeline
  • Cooler climate reduces cooling costs — AI-density operational advantage
  • Mortenson headquarters Minneapolis — #1 national data center GC is local
  • Hail, wind, and winter storm exposure — complex property underwriting
💰 Mortenson home base — direct Tier 1 GC relationship entry
Colorado
Active
Vantage Data Centers HQ — Inland Tier-2 Hub
  • Confirmed $1B+ investment threshold in active pipeline
  • Vantage Data Centers Denver HQ — relationship entry to $25B Shackelford TX project
  • Renewable wind and solar access — reduced operational carbon exposure
  • Front Range: dual wildfire and hail exposure — top nationally
💰 Vantage HQ — entry to major national developer relationship
Start the Conversation

The coverage gap won't close itself.

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.

Download Coverage Gap Guide ↓