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JCT 21.2.1. (Non Negligence)
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Wallace Insurance Brokers
The Wallace Group, Whitehall Chambers, 43 New Row, Coleraine. Co Londonderry. UK. BT52 1AE.
Construction and Commercial Insurance Specialists
LIABILITY & CONTRACT WORKS
Liability insurance provides the contractor with protection from claims arising from injuries or damage to other people or property.
Liability insurance forms the core insurance protection of any contractor. Such cover is normally checked by contractors customers and/or employers prior to work commencing.
The two main types of liability insurance are employers and public/products liability. Both can be combined into one policy.
Employers liability is a protection for the contractor against claims made upon him by his employees or labour only sub-contractors, for death, injury or disease sustained while they are work for which the contractor can be held legally liable. Since 1971 it has been legally necessary for employers to insure against this risk. Cover is normally £10 Million Indemnity.
Public Liability is a protection for the contractor against claims made upon him for bodily injury (other than those covered under employers liability) or damage to property for which the contractor or his workforce can be held liable. Cover is usually limited to £1 Million Indemnity but many local authorities require cover increased to £5 Million Indemnity or even £10 Million Indemnity.
Another important area which can be included is the liability which can arise for accidental injury sustained by or accidental loss or damage to the property of third parties arising from defects in goods sold or supplied by your business (Products).
PROPERTY OWNERS LIABILITY
Property owners liability insurance is a protection against claims made upon the landlord/property owner for bodily injury or damage to property for which the landlord can be held legally liable. Cover is usually limited to £1 Million Indemnity but can be increased as required. Such cover is usually a standard part of property insurance.
DIRECTORS & OFFICERS LIABILITY
Directors and Officers Liability Insurance provides financial protection for the directors and officers of your company in the event they are sued in conjunction with the performance of their duties as they relate to the company. Think of Directors and Officers Insurance as a management Errors and Omissions policy. Cover can usually include Employment Practices Liability and sometimes Fiduciary Liability. The former involves harassment and discrimination suits, and is where the majority of your exposure will be.
An annual Contract works covers all the contractor’s unspecified sites in any one year limited to the maximum any one contract value stated on the policy. Cover is for materials and contract works in course of erection generally against loss or damage for all unspecified contracts undertaken in a year. Cover can be extended to include own plant, site huts, tools, show houses and hired in plant. Risk of loss or damage by fire, theft, storm and malicious acts are usual types of cover included. Insurance can also be arranged for a specific site.
SPECIFIC SITE POLICY
A specific Contract works policy restricts cover to one contract. The name, nature and contract address is specified on the policy. Cover is for contractor’s materials and contract works in course of erection generally against loss or damage at the unspecified contract location. Cover can be extended to include own plant, site huts, tools, show houses and hired in plant. Risk of loss or damage by fire, theft, storm and malicious acts are usual types of cover included. Insurance can also be arranged on an unspecified annual basis.
SUMMARY OF COVERS THAT CAN BE INCLUDED
A) Contract works
i) The site: The permanent and temporary works executed in performance of the contract and materials for use in connection therewith. Whilst on the contract site or adjacent thereto until the issue of a certificate of completion or until taken over by the principal and /or thereafter where the Insured is required to insure under the terms of the contract.
ii) Transit: whilst in transit (other than by sea or air) in the United Kingdom to or from the contract site
iii) Maintenance: During the period of maintenance or defects liability not exceeding twelve months:
1) arising from a cause occurring prior to the commencement of such period or
2) occasioned by the contractor in the course of any operations carried out by him for the purpose of complying with his obligations under the maintenance or defects liability clause in the contract.
B) Employees personal tools and effects
Personal tools and effects the property of the Insured’s employees other than motor vehicles, precious metals, precious stones or articles made there from or money.
C) Owned plant
Contractors’ plant the property of the Insured or on hire purchase or leased to the Insured comprising all types of contractors’ plant including scaffolding, temporary buildings, site office contents, site welfare facilities or as more specifically described in the schedule.
D) Hired-in plant
Contractors’ plant hired-in by the Insured but not on hire purchase or free loan to the Insured comprising all types of contractors’ plant including scaffolding, temporary buildings, site office contents, site welfare facilities or as more specifically described in the schedule. Including continuing hire charges in consequence of loss or damage covered under thsi section.
E) Free-issue materials
Free-issue materials supplied by the principal or his agents and for which the Insured is responsible under the terms of the contract. Provided that the total value of all such free-issue materials is included in any declaration made.
J) Expediting expenses
the costs necessarily and reasonably incurred by the Insured in making temporary repairs and expediting permanent repair
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including overtime working and the use of rapid transport in consequence of loss of or damage to the contract works.
K) Debris removal
The costs and expenses necessarily incurred by the Insured with the consent of the Company in:
a) removing debris
b) dismantling and/or demolishing
c) shoring up propping and fencing off
d) repairing or cleaning drains sewers service mains and the like and/or dewatering
e) temporary boarding up of windows following breakage of glass following loss of or damage to the contract works for which the Insured is indemnified.
L) Professional fees
The cost of architects, surveyors, consulting engineers and other professional fees necessarily and reasonably incurred in the reinstatement of the property insured following loss of or damage to the contract works for which the Insured is indemnified not being fees for preparing any claim. Provided that the amount payable shall not exceed those authorised by the appropriate professional body
The cost of rewriting or redrawing documents, drawings and business books but only for the value
of the materials as stationery and the cost of clerical labour in writing up and not for the value of the information contained therein.
N) Public authorities clause
The additional cost of reinstatement following damage to property insured for which the Insured is
indemnified of this policy solely to comply with any regulations arising out of an Act of Parliament or with bye-laws of any Municipal or Local Authority or European Union directive.
a) reinstatement (which may be carried out upon another site subject to the liability not being increased thereby) is carried out without delay
b) the amount recoverable under this clause shall not include:
1) the costs incurred in complying with regulations or bye-laws intimated to the Insured prior to the happening of the damage
2) the costs incurred in respect of undamaged property.
3) the amount of any rate tax duty development or other charge which may become payable following compliance with such regulations or bye-laws.
F) Offsite storage
Loss or damag provided to the property insured whilst in store other than the contract site. Provided that the Insured is responsible for such loss or damage under the terms of the contract.
G) Speculative building
Property being built or erected by the Insured other than under contract. In respect of such property cover shall cease to apply from:
a) the date such property is sold or let or
b) a period set out in the policy (e.g. 180 Days) after the date of completion of the work of building or erecting the last property on the contract site whichever is the earlier. Completion shall mean completion apart from a prospective purchaser’s or tenant’s choice of decorations and/or final fitments
H) Principals indemnity
Any principal in a like manner to the Insured where required by the conditions of the contract in respect of contracts undertaken in the United Kingdom only
I) JCT contract conditions
The following where the Insured undertakes a contract under JCT Standard Form of Building Contract 1998 (or the equivalent thereof). In respect of loss of or damage to the property insured by any of the specified perils defined in the above mentioned Standard Form of Building Contract it is agreed that so far as is required by the sub-contract the Company will not pursue any rights of subrogation against sub-contractors directly engaged by the Insured