Other insurance for construction lawyers

Building works

Insurance issues can arise where construction works, such as refurbishment and fit-out works, are carried out to an existing building. Policy coverage and rights of subrogation under the policy may be affected depending on who the policyholder is.

See Practice Note: Works to existing buildings—insurance issues.

When working in an existing building, another issue is the overlap between the contractor's all risks policy and the contractor's public liability policy. The JCT contracts are the only contracts which make specific insurance provisions for work being done to, or adjacent to, existing buildings. The provision is that the employer takes out a contractor’s all risks policy which covers both the works and the existing buildings in the joint names of the employer and the contractor. However, in respect of the existing buildings, the cover provided to the contractor is only in respect of the 'specified perils', not in respect of all risks (see: JCT contracts—insurance). This is Insurance Option

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Latest Construction News

Construction weekly highlights—24 July 2025

This week's edition of Construction weekly highlights includes the Court of Appeal (CoAs)’s decision in relation to NHBC Buildmark Choice policies confirming that the cause of action accrues when the insured party ‘has to pay more’ to complete the building work as a result of contractor insolvency (National House Building Council v Peabody Trust), Construction Leadership Council (CLC) guidance on Building Control Approval Applications for new higher-risk buildings, Ministry of Housing, Communities and Local Government (MHCLG) guidance on the Building Safety Levy, MHCLG’s announcement of legal deadlines for landlords to remediate unsafe cladding in social housing, a Royal Institution of Chartered Surveyors (RICS) consultation on it updated cladding valuation standard, a British Standards Institution (BSI) consultation on a new code of practice for bringing safe construction products to the market, a Technology and Construction Court (TCC) decision enforcing an adjudicator’s decision to award the responding party in the adjudication the notified sum (VMA Services v Project One), a CoA decision providing guidance on "costs directly incurred" in a waste management project agreement (Buckinghamshire Council v FCC Buckinghamshire Ltd), an update on the status of the Planning and Infrastructure Bill together with updated guidance from MHCLG on the same, the National Infrastructure and Service Transformation Authority (NISTA)’s interactive Infrastructure Pipeline tool, and publication of the Welsh Government’s circular on updated building control profession standards and codes.

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