While there are a number of different types of insurance that will be in place on construction projects, for the purpose of this Practice Note we propose to deal with a...
Landlord or property owner The freeholder has the greatest long-term interest in the property as a capital investment, which for a landlord provides an income return. It...
This Practice Note considers the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) and the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A...
Work in or adjacent to other buildings A contract for insurance may cover damage to property caused by an insured risk, for example buildings insurance or contractor’s...
What is Contractors’ All Risks insurance? Construction insurance comes in two main categories, namely ‘property’ and ‘liability’ insurance. Property insurance refers to...
Decennial insurance is insurance that is taken out by contractors which covers costs associated with the potential collapse of a building after completion or discovery of...
What is design and build? At its simplest, design and build (D&B): • is a project delivery system under which a single entity (the D&B contractor) assumes responsibility...
Introduction What is double insurance? Double insurance is where the same party is insured under two or more policies in respect of the same subject-matter (whether that...
This Practice Note considers the insurance provisions in the 1999 editions of the FIDIC Red, Yellow and Silver Books. For guidance on the 2017 editions, see Practice...
This Practice Note considers the insurance provisions in the FIDIC Red, Yellow and Silver Books 2017. It looks at liability for the Works, insurance of the Works and the...
This Practice Note examines the nature of insurable interest, how it has been defined by the Marine Insurance Act and in common law and its relationship and impact on...
This Practice Note explains how the JCT contracts provide for insurance of the contract works. It focuses on the JCT Standard Building Contract 2011/2016, but similar...
This Practice Note considers the insurance provisions of the JCT contracts 2011 and 2016 editions that address public liability risks, ie personal injury and death, and...
This Practice Note discusses: • what is joint and composite insurance? • what is the effect of a waiver of subrogation? • how to determine whether rights of subrogation...
This Practice Note examines the nature of joint names insurance, the distinction between joint and composite insurance and its impact on construction insurance contracts...
A tenant may be given rights under an agreement for lease to enter a property prior to completion in order to carry out fit out works. This is important for the tenant so...
Technically, a defect in a finished product is a breach of contract. However, it is widely accepted that defects will occur and manifest themselves on construction...
Overview In normal circumstances the only recourse available to a building owner, on discovering a defect, is to seek recovery from the contractor or from the members of...
Introduction to the NEC The NEC suites of contracts (NEC3 and NEC4) are suitable for procuring a diverse range of works, services and supplies. The contracts focus on...
What are the liabilities to be insured? The liability of the parties is set out in clause 8 of the NEC3 and NEC4 contracts. The clause is headed ‘liabilities and...
This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to protect homeowners and...
This Practice Note deals with the principal types of policy or guarantee, other than latent defects insurance, that are currently on the market to protect...
What is non-negligent damage? If damage is caused to neighbouring property by the contractor’s negligence or breach of contract, the contractor will be liable in the tort...
What is product liability insurance and who needs it? Product liability insurance is a type of cover which, in the context of the construction industry, protects the...
General requirement A consultant’s appointment will routinely require the consultant to take out and maintain professional indemnity (PI) insurance. For many...
This Practice Note looks at professional indemnity (PI) insurance in the context of construction projects—the requirement to hold insurance, the level and basis of cover...