Insurance in construction

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Latest Construction News

Recent developments in professional indemnity insurance for the construction sector

The following Construction news provides comprehensive and up to date legal information on Recent developments in professional indemnity insurance for the construction sector

Brexit—the end of public procurement rules or business as usual?

The following Construction news provides comprehensive and up to date legal information on Brexit—the end of public procurement rules or business as usual?

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

The following Construction news provides comprehensive and up to date legal information on Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Featured Construction content

Escrow accounts and escrow agreements

This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them....

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

Practice notes

FIDIC contracts—introduction to the Silver Book 2017

In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Practice notes

Target cost contracts on construction projects

What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...

9th Nov

Practice notes

Defects liability period and rectification of defects

It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...

9th Nov

Practice notes

Schedules of services

This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...

9th Nov

Practice notes

Letters of intent—construction

What is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before...

9th Nov

Practice notes

What is a variation on a construction project?

A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an...

9th Nov

Practice notes

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

9th Nov

Practice notes

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

9th Nov

Practice notes

Sectional completion

What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...

9th Nov

Practice notes

Liquidated damages in construction contracts

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...

9th Nov

In-house

Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

FIDIC contracts—introduction to the Yellow Book 1999

This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Practice notes

Interim payments in construction contracts

This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...

9th Nov

Practice notes

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...

9th Nov

In-house

Practice notes

JCT Pre-Construction Services Agreement

The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...

9th Nov

Practice notes

Parties in a construction project

This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...

9th Nov

Most recent Insurance in construction content

Practice notes

Latent defects insurance—why is it required and what is covered?

OverviewIn normal circumstances the only recourse available to a building owner, on discovering a defect, is to seek recovery from the contractor or...

Produced in partnership with David Savage, Construction partner at Charles Russell Speechlys 15th Jan

Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...

12th Jan

In-house

Practice notes

Third Parties (Rights Against Insurers) Act 2010—one minute guide

Purpose of the TP(RAI)A 2010The Third Parties (Rights against Insurers) Act 2010 (TP(RAI)A 2010) repeals and replaces the Third Parties (Rights...

Produced in partnership with HFW 12th Jan

Practice notes

Contractors’ All Risks (CAR) Insurance

What is Contractors’ All Risks insurance?Construction insurance comes in two main categories, namely ‘property’ and ‘liability’ insurance. Property...

Produced in partnership with Gordon Dadds Consulting LLP, revised in partnership with Hardwicke 8th Jan

Practice notes

Subrogation in insurance and reinsurance

What is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having...

Produced in partnership with Eleanor Ruiz of Reed Smith and Mark Pring of Reed Smith 8th Jan

Practice notes

Design and build insurance for the construction industry

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)...

Produced in partnership with Jonathan Spencer, Emily Monastiriotis and Rachel Lobley of Simmons & Simmons 8th Jan

Q&As

Where a National Home Building Council (NHBC) warranty obligates the NHBC to either reimburse the cost of putting right defects or arrange (at its expense) for the necessary work to be carried out, is it possible for a covered party to choose the option it prefers?

The National Home Building Council (NHBC) offers insurance and warranty products under the name Buildmark. This includes a two year builder warranty...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Practice notes

Product liability insurance for the construction industry

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Jonathan Spencer and Russell Cowie of Simmons & Simmons 8th Jan

Practice notes

Double insurance and contribution

Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or...

Produced in partnership with Susie Wakefield and Matthew Brown of Shoosmiths LLP 8th Jan

Practice notes

Project specific insurance policies

What is a project policy?'Project policy' generally means a policy the employer takes out to cover Contractors All Risks and public liability. The...

Produced in partnership with Fladgate LLP 8th Jan

Practice notes

Joint names insurance—construction contracts

This Practice Note examines the nature of joint names insurance, the distinction between joint and composite insurance and its impact on construction...

Produced in partnership with Fisher Scoggins Waters LLP 8th Jan

Q&As

What amendments to the JCT Design and Build Contract 2011 should be included where the employer is taking out insurance under clause 6.5.1 instead of the contractor?

Clause 6.5.1 provides for non-negligent insurance to be taken out by the contractor in joint names with the employer in respect of the potential risk...

Produced in partnership with Abdul Jinadu of Keating Chambers 8th Jan

Q&As

Is there a definition of 'Existing Structures' (referred to in the JCT form of contracts at Insurance Option C)? Would it include cladding connected to the building that was not structural/load bearing?

What form does Option C take and what is meant by ‘existing structures’ under the Contract?Pursuant to Schedule 3, the contract provides for three...

Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 8th Jan

Practice notes

Buildings insurance—who is covered?

Landlord or property ownerThe freeholder has the greatest long-term interest in the property as a capital investment, which for a landlord provides an...

Produced in partnership with Gowling WLG 8th Jan

Practice notes

Landlord and tenant—insurances

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...

Produced in partnership with Gowling WLG 8th Jan

Q&As

Where, under a building contract, an employer has taken out insurance in joint names, does that give the contractor protection from a subrogated claim being brought against them by the insurer in the name of one of the other insured parties?

SubrogationIt may first be useful to recap how subrogation works. In the event of a successful claim being made under an insurance policy, insurers...

Produced in partnership with Rebecca Prigg of CMS 8th Jan

Practice notes

Construction insurance—overlap between the works and existing buildings

Work in or adjacent to other buildingsA contract for insurance may cover damage to property caused by an insured risk, for example buildings insurance...

Produced in partnership with Fladgate LLP 8th Jan

Q&As

What is decennial insurance?

Decennial insurance is insurance that can be taken out by those responsible for the design and construction of buildings to cover the costs associated...

Produced in partnership with Charles Russell Speechlys 8th Jan

Q&As

Can you delete professional indemnity provisions in a collateral warranty where the contractor has not undertaken any design work?

A warranty'>collateral warranty is an agreement that is ancillary to the primary contract. The purpose of a collateral warranty is to ensure that a...

Produced in partnership with David Sawtell of 39 Essex Chambers 8th Jan

Practice notes

Non-negligent insurance

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...

Produced in partnership with Fladgate LLP 8th Jan

Insurance in construction

View Construction by content type:

Latest Construction News

Recent developments in professional indemnity insurance for the construction sector

Brexit—the end of public procurement rules or business as usual?

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Featured Construction content

Escrow accounts and escrow agreements

Build Operate Transfer (BOT) contracts

What is practical completion?

Time at large in construction contracts

Most recent Insurance in construction content

Popular documents

Key elements of a standstill agreement

What is an intangible fixed asset?

Involuntary manslaughter

Payment in lieu of notice (PILON)

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