Public liability insurance

Public liability insurance—construction projects

Public liability insurance provides cover for personal injury, death or damage to third party property. It also provides cover for the claimant’s costs and the insured’s defence costs.

Most building contracts provide that the contractor will be liable for personal injury or death caused as a result of carrying out the works and for any loss or damage to third party property which it causes due to its negligent acts, errors and omissions. However, each of the standard form contracts is slightly different in its approach. If the building contract is oral, or if the written terms do not cover either liability or insurance obligations, then the common law provisions will prevail.

See Practice Note: Public liability in construction—analysis of common law provisions.

For a general overview of public liability insurance, see Practice Note: Public liability insurance—essentials.

JCT provisions

Under the JCT contracts, the contractor is liable for and indemnifies the employer against

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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