JCT Clause 6.5.1 Insurance - Revision history

46.247.23.203 at 15:23, 14 February 2022

2022-02-14T15:23:46Z

← Older revision		Revision as of 15:23, 14 February 2022
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	The case of ‘Gold v Fotheringham’ [1958] set the precedent that the employer of a contractor is responsible for any damage caused to third parties and may be liable to pay compensation.		The case of ‘Gold v Fotheringham’ [1958] set the precedent that the employer of a contractor is responsible for any damage caused to third parties and may be liable to pay compensation.

−	The contractor will probably already be required to hold public liability insurance, as will an architect, along with professional indemnity insurance, but these policies only indemnify them if the damage has arisen from their own negligence. However, there may be damage with no clear negligence. For example, a neighbouring building may start subsiding a few weeks after demolition works have taken place correctly and professionally. The owner of the damaged building will likely be insured under their buildings policy, but those insurers will be keen to ~~recovery~~ costs from another party, i.e. the employer of the contractor.	+	The contractor will probably already be required to hold public liability insurance, as will an architect, along with professional indemnity insurance, but these policies only indemnify them if the damage has arisen from their own negligence. However, there may be damage with no clear negligence. For example, a neighbouring building may start subsiding a few weeks after demolition works have taken place correctly and professionally. The owner of the damaged building will likely be insured under their buildings policy, but those insurers will be keen to recover costs from another party, i.e. the employer of the contractor.

	The insurance is generally obtained by the contractor on behalf of the employer, with both names on the policy. This is a requirement of the contract, and the contractor will include it within their quoted price to carry out the works as a whole. The employer will typically be responsible for both the premium and any excess payable in the event of a claim.		The insurance is generally obtained by the contractor on behalf of the employer, with both names on the policy. This is a requirement of the contract, and the contractor will include it within their quoted price to carry out the works as a whole. The employer will typically be responsible for both the premium and any excess payable in the event of a claim.

Designing Buildings at 12:29, 1 October 2020

2020-10-01T12:29:10Z

← Older revision		Revision as of 12:29, 1 October 2020
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	* Run-off cover.		* Run-off cover.

−	[[Category:~~Policy~~]] [[Category:~~DCN_Policy~~]] [[Category:Property_law]] [[Category:Client_procedures]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Policy]] [[Category:Property_law]] [[Category:Client_procedures]]

Designing Buildings at 09:39, 5 January 2020

2020-01-05T09:39:56Z

← Older revision		Revision as of 09:39, 5 January 2020
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	* Lowering of groundwater.		* Lowering of groundwater.

−	The insurance terms of JCT 2016 are found in Clause 6 and Schedule 3.	+	NB The insurance terms of JCT 2016 are found in Clause 6 and Schedule 3. There are five main types of insurance that may be required:

−	~~There are five main types of insurance required by JCT 2016, namely:~~	+	* Employers’ liability insurance – which protects against Employers' liability for injury of employees arising in connection with their employment (clauses 6.1 – 6.4 JCT 2016).
−		+	* Insurance against non-negligent withdrawal of support – which covers potential structural damage to neighbouring property caused by the withdrawal of support (clause 6.5).
−	* - Employers’ liability insurance – which protects against Employers' liability for injury of employees arising in connection with their employment (clauses 6.1 – 6.4 JCT 2016).	+	* Insurance of the works and of existing structures – which covers physical damage to the works, site materials and existing structures (if there are any) (clauses 6.7 to 6.11 and Schedule 3 JCT 2016) – discussed in detail below.
−	* - Insurance against non-negligent withdrawal of support – which covers potential structural damage to neighbouring property caused by the withdrawal of support (clause 6.5).	+	* Public liability insurance – which covers liability arising from death or personal injury to, or damage to property belonging to, third parties (clauses 6.1 – 6.4 JCT 2016).
−	* - Insurance of the works and of existing structures – which covers physical damage to the works, site materials and existing structures (if there are any) (clauses 6.7 to 6.11 and Schedule 3 JCT 2016) – discussed in detail below.	+	* Professional indemnity insurance – which insures against liability arising from professional negligence. Architects, engineers and other professional consultants that owe a design responsibility to the Employer are usually required to maintain such insurance (clauses 6.15 and 6.16 JCT 2016).
−	* - Public liability insurance – which covers liability arising from death or personal injury to, or damage to property belonging to, third parties (clauses 6.1 – 6.4 JCT 2016).	+
−	* - Professional indemnity insurance – which insures against liability arising from professional negligence. Architects, engineers and other professional consultants that owe a design responsibility to the Employer are usually required to maintain such insurance (clauses 6.15 and 6.16 JCT 2016).	+

	= Find out more =		= Find out more =
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	* Run-off cover.		* Run-off cover.

−	[[Category:Policy]] [[Category:Property_law]] [[Category:Client_procedures]]	+	[[Category:Policy]] [[Category:DCN_Policy]] [[Category:Property_law]] [[Category:Client_procedures]]

109.153.197.248 at 20:44, 4 January 2020

2020-01-04T20:44:22Z

← Older revision		Revision as of 20:44, 4 January 2020
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	* Weakening or removal of support.		* Weakening or removal of support.
	* Lowering of groundwater.		* Lowering of groundwater.
		+
		+	The insurance terms of JCT 2016 are found in Clause 6 and Schedule 3.
		+
		+	There are five main types of insurance required by JCT 2016, namely:
		+
		+	* - Employers’ liability insurance – which protects against Employers' liability for injury of employees arising in connection with their employment (clauses 6.1 – 6.4 JCT 2016).
		+	* - Insurance against non-negligent withdrawal of support – which covers potential structural damage to neighbouring property caused by the withdrawal of support (clause 6.5).
		+	* - Insurance of the works and of existing structures – which covers physical damage to the works, site materials and existing structures (if there are any) (clauses 6.7 to 6.11 and Schedule 3 JCT 2016) – discussed in detail below.
		+	* - Public liability insurance – which covers liability arising from death or personal injury to, or damage to property belonging to, third parties (clauses 6.1 – 6.4 JCT 2016).
		+	* - Professional indemnity insurance – which insures against liability arising from professional negligence. Architects, engineers and other professional consultants that owe a design responsibility to the Employer are usually required to maintain such insurance (clauses 6.15 and 6.16 JCT 2016).

	= Find out more =		= Find out more =

Designing Buildings at 10:34, 9 March 2018

2018-03-09T10:34:41Z

← Older revision		Revision as of 10:34, 9 March 2018
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−	~~In the~~ Joint Contracts Tribunal (JCT), Clause 6.5.1 ~~places a requirement on the contractor to organise insurance both for themselves and the client. The clause appears in~~ the [[Standard_Building_Contract\|~~JCT~~ Standard Building Contract]] or [[JCT_minor_works_building_contract\|~~JCT~~ Minor Works Contract]].	+	Joint Contracts Tribunal (JCT) Clause 6.5.1 of the [[Standard_Building_Contract\|Standard Building Contract]] and [[JCT_minor_works_building_contract\|Minor Works Contract]] places a requirement on the contractor to organise insurance both for themselves and the client.

−	This insurance provides cover should ~~damage~~ be ~~done~~ to a neighbouring ~~building~~ due to works that are carried out, and the cause of which is not the result of negligence.	+	This insurance provides cover should there be damage to a neighbouring property due to the works that are carried out, and the cause of which is not the result of negligence.

−	The case of ‘Gold v Fotheringham’ [1958] set the precedent that the employer of a contractor is responsible for any damage caused to third parties and liable to pay compensation.	+	The case of ‘Gold v Fotheringham’ [1958] set the precedent that the employer of a contractor is responsible for any damage caused to third parties and may be liable to pay compensation.

−	A contractor will be required to hold public liability insurance, as will an architect ~~and~~ professional indemnity insurance, but these policies only indemnify them if the damage has arisen from their negligence. For example, a neighbouring building may start subsiding a few weeks after demolition works have taken place correctly and professionally. The owner of the damaged building will likely be insured under their buildings policy, but those insurers will be keen to ~~make a~~ recovery ~~against~~ another party, i.e. the employer of the contractor.	+	The contractor will probably already be required to hold public liability insurance, as will an architect, along with professional indemnity insurance, but these policies only indemnify them if the damage has arisen from their own negligence. However, there may be damage with no clear negligence. For example, a neighbouring building may start subsiding a few weeks after demolition works have taken place correctly and professionally. The owner of the damaged building will likely be insured under their buildings policy, but those insurers will be keen to recovery costs from another party, i.e. the employer of the contractor.

−	The insurance is generally obtained by the contractor on behalf of the employer, with both names on the policy. This ~~should be made of~~ a requirement of the ~~project by the employer~~, and the contractor will include it within their quoted price to carry out the works as a whole. The employer will typically be responsible for both the premium and any excess payable in the event of a claim.	+	The insurance is generally obtained by the contractor on behalf of the employer, with both names on the policy. This is a requirement of the contract, and the contractor will include it within their quoted price to carry out the works as a whole. The employer will typically be responsible for both the premium and any excess payable in the event of a claim.

	The risks that are covered are named within the JCT Contract as:		The risks that are covered are named within the JCT Contract as:

Editor at 10:07, 19 February 2018

2018-02-19T10:07:07Z

← Older revision		Revision as of 10:07, 19 February 2018
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−	In the Joint Contracts Tribunal (JCT), Clause 6.5.1 places a requirement on the contractor to organise insurance both for themselves and the client. The clause appears in the JCT Standard ~~Buildings~~ Contract or JCT Minor Works Contract.	+	In the Joint Contracts Tribunal (JCT), Clause 6.5.1 places a requirement on the contractor to organise insurance both for themselves and the client. The clause appears in the [[Standard_Building_Contract\|JCT Standard Building Contract]] or [[JCT_minor_works_building_contract\|JCT Minor Works Contract]].

	This insurance provides cover should damage be done to a neighbouring building due to works that are carried out, and the cause of which is not the result of negligence.		This insurance provides cover should damage be done to a neighbouring building due to works that are carried out, and the cause of which is not the result of negligence.

Editor at 10:05, 19 February 2018

2018-02-19T10:05:56Z

← Older revision		Revision as of 10:05, 19 February 2018
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−	In the Joint Contracts Tribunal (JCT), Clause 6.5.1 places a requirement on the contractor to organise insurance both for themselves and the client. This insurance provides cover should damage be done to a neighbouring building due to works that are carried out, and the cause of which is not the result of negligence.	+	In the Joint Contracts Tribunal (JCT), Clause 6.5.1 places a requirement on the contractor to organise insurance both for themselves and the client. The clause appears in the JCT Standard Buildings Contract or JCT Minor Works Contract.
		+
		+	This insurance provides cover should damage be done to a neighbouring building due to works that are carried out, and the cause of which is not the result of negligence.

	The case of ‘Gold v Fotheringham’ [1958] set the precedent that the employer of a contractor is responsible for any damage caused to third parties and liable to pay compensation.		The case of ‘Gold v Fotheringham’ [1958] set the precedent that the employer of a contractor is responsible for any damage caused to third parties and liable to pay compensation.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

−	* [[Contractors~~'_all~~-risk_insurance\|Contractors’ all-risk insurance]].	+	* [[Contractors%27_all-risk_insurance\|Contractors’ all-risk insurance]].
	* Damage caused by construction works.		* Damage caused by construction works.
	* Employer's liability insurance.		* Employer's liability insurance.

Editor at 15:43, 6 February 2018

2018-02-06T15:43:04Z

← Older revision		Revision as of 15:43, 6 February 2018
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

−	* Contractors’ all-risk insurance.	+	* [[Contractors'_all-risk_insurance\|Contractors’ all-risk insurance]].
	* Damage caused by construction works.		* Damage caused by construction works.
	* Employer's liability insurance.		* Employer's liability insurance.

Editor: Created page with "In the Joint Contracts Tribunal (JCT), Clause 6.5.1 places a requirement on the contractor to organise insurance both for themselves and the client. This insurance provides cover..."

2018-02-06T15:42:43Z

Created page with "In the Joint Contracts Tribunal (JCT), Clause 6.5.1 places a requirement on the contractor to organise insurance both for themselves and the client. This insurance provides cover..."

New page

In the Joint Contracts Tribunal (JCT), Clause 6.5.1 places a requirement on the contractor to organise insurance both for themselves and the client. This insurance provides cover should damage be done to a neighbouring building due to works that are carried out, and the cause of which is not the result of negligence.

The case of ‘Gold v Fotheringham’ [1958] set the precedent that the employer of a contractor is responsible for any damage caused to third parties and liable to pay compensation.

A contractor will be required to hold public liability insurance, as will an architect and professional indemnity insurance, but these policies only indemnify them if the damage has arisen from their negligence. For example, a neighbouring building may start subsiding a few weeks after demolition works have taken place correctly and professionally. The owner of the damaged building will likely be insured under their buildings policy, but those insurers will be keen to make a recovery against another party, i.e. the employer of the contractor.

The insurance is generally obtained by the contractor on behalf of the employer, with both names on the policy. This should be made of a requirement of the project by the employer, and the contractor will include it within their quoted price to carry out the works as a whole. The employer will typically be responsible for both the premium and any excess payable in the event of a claim.

The risks that are covered are named within the JCT Contract as:

* Collapse.
* Subsidence.
* Heave.
* Vibration.
* Weakening or removal of support.
* Lowering of groundwater.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Contractors’ all-risk insurance.
* Damage caused by construction works.
* Employer's liability insurance.
* Insurance.
* Joint names policy.
* Latent defects insurance.
* Making sure your builder has appropriate insurance.
* Professional Indemnity Insurance.
* Public liability insurance.
* Risk register.
* Run-off cover.

[[Category:Policy]] [[Category:Property_law]] [[Category:Client_procedures]]