Non-negligent liability insurance - Revision history

Designing Buildings at 08:17, 5 October 2020

2020-10-05T08:17:15Z

← Older revision		Revision as of 08:17, 5 October 2020
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	* [http://www.jctltd.co.uk/ Joint Contracts Tribunal].		* [http://www.jctltd.co.uk/ Joint Contracts Tribunal].

−	[[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]]

Editor at 18:09, 6 August 2019

2019-08-06T18:09:31Z

← Older revision		Revision as of 18:09, 6 August 2019
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	The Royal Institute for Chartered Surveyors (RICS) have produced a guidance note which provides further information on non-negligent liability insurance, including details of Gold v Patman & Fotheringham (1958), the landmark case in this situation.		The Royal Institute for Chartered Surveyors (RICS) have produced a guidance note which provides further information on non-negligent liability insurance, including details of Gold v Patman & Fotheringham (1958), the landmark case in this situation.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki. =
−		+
−	=== Related articles on Designing Buildings Wiki. ===	+

	* 3D animation for insurance risk analysis.		* 3D animation for insurance risk analysis.
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	* Flood insurance.		* Flood insurance.
	* Insurance.		* Insurance.
		+	* Insurance terminology.
	* Integrated project insurance.		* Integrated project insurance.
	* Latent defects insurance.		* Latent defects insurance.

Designing Buildings at 12:14, 2 February 2018

2018-02-02T12:14:19Z

← Older revision		Revision as of 12:14, 2 February 2018
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	* Penalties incurred under contract and damages for breach of contract.		* Penalties incurred under contract and damages for breach of contract.

−	The Royal Institute for Chartered Surveyors (RICS) have produced a ~~[http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5~~ guidance note] which provides further information on non-negligent liability insurance, including details of Gold v Patman & Fotheringham (1958), the landmark case in this situation.	+	The Royal Institute for Chartered Surveyors (RICS) have produced a guidance note which provides further information on non-negligent liability insurance, including details of Gold v Patman & Fotheringham (1958), the landmark case in this situation.

	= Find out more =		= Find out more =
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	* [http://www.jctltd.co.uk/ Joint Contracts Tribunal].		* [http://www.jctltd.co.uk/ Joint Contracts Tribunal].
−	* [http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5 RICS guidance note].

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

212.159.76.197 at 15:08, 21 July 2017

2017-07-21T15:08:13Z

← Older revision		Revision as of 15:08, 21 July 2017
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		+	Construction is an inherently dangerous process with many hazards, in particular when working close to existing buildings or other structures. In such situations, there is the potential for that property to suffer damage, even if care is exercised.

−	~~Construction is an inherently dangerous process with many hazards, in particular when working close to existing buildings or other structures. In such situations, there is~~ the potential for ~~that property~~ to ~~suffer damage~~, ~~even if care is exercised~~.~~<br/>~~	+	As a result of the potential for these sorts of losses to occur on construction projects, Joint Contracts Tribunal (JCT) contract forms provide for non-negligent liability insurance to be taken out, and other forms of contract may have similar provisions, either as part of the standard form or as an amendment.

−	As a ~~result of~~ the ~~potential for these sorts~~ of ~~losses to occur on construction projects~~, ~~Joint Contracts Tribunal (JCT) contract forms provide for non-negligent~~ liability ~~insurance to be taken out~~, ~~and other forms of contract may have similar provisions~~, ~~either~~ as ~~part~~ of the ~~standard form~~ or as an ~~amendment~~.~~<br/>~~	+	Such provisions require that the contractor takes out a policy that protects the developer in respect of any expense, liability, loss, claim or proceedings incurred as a result of damage to property from the works being undertaken due to; collapse, subsidence, heave, vibration, weakening or removal of support and lowering of ground water. It is also possible to include cover from the hazards of flood, explosion, backing up of drains and bodily injury to third parties caused by an insured peril.

−	~~Such provisions require that the contractor takes out a policy that protects the developer~~ in respect of ~~any expense, liability, loss, claim~~ or ~~proceedings incurred as a result of damage to~~ property ~~from the works being undertaken due to; collapse, subsidence, heave, vibration, weakening or removal of support and lowering of ground water~~. It is ~~also possible to include cover from~~ the ~~hazards~~ of ~~flood, explosion, backing up of drains~~ and ~~bodily injury to third parties caused by an insured peril~~. ~~<br/>~~	+	The cover may be in respect of existing buildings being worked upon and/or property on adjoining land. The policy is issued in the joint names of the employer and contractor.

−	~~The cover may be in respect of existing buildings being worked upon and/or property on adjoining land. The policy is issued in the joint names of the employer and contractor.<br/>~~	+	This sort of cover is not always be required as the kind of activities which give rise to such losses may not be present on all projects. Consultants will usually be able to recommend whether or not the cover is required.
−		+
−	This sort of cover is not always be required as the kind of activities which give rise to such losses may not be present on all projects. Consultants will usually be able to recommend whether or not the cover is required.~~<br/>~~	+

	There are a variety of activities that could give rise to the potential hazards covered by the insurance, including:		There are a variety of activities that could give rise to the potential hazards covered by the insurance, including:
−	*Piling~~.<br/>~~	+
−	*Underpining.	+	* Piling and foundation excavations
−	*De-watering.	+	* Underpining.
−	*Demolition close to an existing property.~~<br/>~~	+	* De-watering of the ground
−	*Shoring.	+	* Demolition close to an existing property.
−	*Works that may affect the load-bearing capacity of a structure.	+	* Shoring of walls
−	*Works on listed buildings or buildings in a poor condition.~~<br/>~~	+	* Works that may affect the load-bearing capacity of a structure.
		+	* Works on listed buildings or buildings in a poor condition.

	Typical exclusions from non-negligent cover might include:		Typical exclusions from non-negligent cover might include:
−	*Damage caused by negligence, omission or default of the contractor or subcontractor.
−	*Damage which is due to error or omissions during the design process.
−	*Damage which could reasonably have been foreseen as inevitable.<br/>
−	*Penalties incurred under contract and damages for breach of contract.

−	The Royal Institute for Chartered Surveyors (RICS) have produced a [http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5 guidance note] which provides further information on non-negligent liability insurance, including details of Gold v Patman & Fotheringham (1958), the landmark case in this situation.	+	* Damage caused by negligence, omission or by default of the contractor or subcontractor.
		+	* Damage which is due to error or omissions during the design process.
		+	* Damage which could reasonably have been foreseen as inevitable.
		+	* Penalties incurred under contract and damages for breach of contract.
		+
		+	The Royal Institute for Chartered Surveyors (RICS) have produced a [http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5 guidance note] which provides further information on non-negligent liability insurance, including details of Gold v Patman & Fotheringham (1958), the landmark case in this situation.

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki. ===		=== Related articles on Designing Buildings Wiki. ===
−	*3D animation for insurance risk analysis.	+
−	*Building Users' Insurance Against Latent Defects.	+	* 3D animation for insurance risk analysis.
−	*Contractors' all-risk insurance.	+	* Building Users' Insurance Against Latent Defects.
−	*Contract works insurance.	+	* Contractors' all-risk insurance.
−	*Directors and officers insurance.	+	* Contract works insurance.
−	*Employer's liability insurance.	+	* Directors and officers insurance.
−	*Flood insurance.	+	* Employer's liability insurance.
−	*Insurance.	+	* Flood insurance.
−	*Integrated project insurance.	+	* Insurance.
−	*Latent defects insurance.	+	* Integrated project insurance.
−	*Legal indemnity insurance.	+	* Latent defects insurance.
−	*Professional Indemnity Insurance.	+	* Legal indemnity insurance.
−	*Public liability insurance.	+	* Professional Indemnity Insurance.
−	*Residual value insurance.	+	* Public liability insurance.
		+	* Residual value insurance.

	=== External references ===		=== External references ===
−	*[http://www.jctltd.co.uk/ Joint Contracts Tribunal].	+
−	*[http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5 RICS guidance note].	+	* [http://www.jctltd.co.uk/ Joint Contracts Tribunal].
		+	* [http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5 RICS guidance note].

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Designing Buildings at 08:52, 16 September 2015

2015-09-16T08:52:07Z

← Older revision		Revision as of 08:52, 16 September 2015
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		+	Construction is an inherently dangerous process with many hazards, in particular when working close to existing buildings or other structures. In such situations, there is the potential for that property to suffer damage, even if care is exercised.<br/>

−	~~Construction is an inherently dangerous process with many hazards, in particular when working close to existing buildings or other structures. In such situations, there is~~ the potential for ~~that property~~ to ~~suffer damage~~, ~~even if care is exercised~~.	+	As a result of the potential for these sorts of losses to occur on construction projects, Joint Contracts Tribunal (JCT) contract forms provide for non-negligent liability insurance to be taken out, and other forms of contract may have similar provisions, either as part of the standard form or as an amendment.<br/>

−	As a ~~result of~~ the ~~potential for losses to occur~~ in ~~construction projects~~, ~~Joint Contracts Tribunal (JCT) contract forms require non negligent~~ liability ~~insurance~~ to ~~be taken out~~. ~~Other contracts may have a similar requirement as~~ an ~~amendment~~.	+	Such provisions require that the contractor takes out a policy that protects the developer in respect of any expense, liability, loss, claim or proceedings incurred as a result of damage to property from the works being undertaken due to; collapse, subsidence, heave, vibration, weakening or removal of support and lowering of ground water. It is also possible to include cover from the hazards of flood, explosion, backing up of drains and bodily injury to third parties caused by an insured peril. <br/>

−	This requires that the contractor takes out a policy that protects the developer in respect of any expense, liability, loss, claim or proceedings incurred as a result of damage to property from the works being undertaken due to collapse, subsidence, heave, vibration, weakening or removal of support and lowering of ground water. It is also possible to include cover from the hazards of flood, explosion, backing up of drains and bodily injury to third parties caused by an insured peril. The cover may be in respect of existing buildings being worked upon and/or property on adjoining land. ~~Although the~~ policy is issued in the joint names of the employer and contractor ~~it is the developer who is indemnified~~.	+	The cover may be in respect of existing buildings being worked upon and/or property on adjoining land. The policy is issued in the joint names of the employer and contractor.<br/>

−	This sort of cover is not always be required as the kind of activities which give rise to such losses may not be present. Consultants will usually be able to recommend whether or not the cover is required.	+	This sort of cover is not always be required as the kind of activities which give rise to such losses may not be present on all projects. Consultants will usually be able to recommend whether or not the cover is required.<br/>

	There are a variety of activities that could give rise to the potential hazards covered by the insurance, including:		There are a variety of activities that could give rise to the potential hazards covered by the insurance, including:
−	*Piling ~~works~~.	+	*Piling.<br/>
	*Underpining.		*Underpining.
	*De-watering.		*De-watering.
−	*Demolition close to an existing property.	+	*Demolition close to an existing property.<br/>
	*Shoring.		*Shoring.
	*Works that may affect the load-bearing capacity of a structure.		*Works that may affect the load-bearing capacity of a structure.
−	*Works on listed buildings or ~~those~~ in a poor condition.	+	*Works on listed buildings or buildings in a poor condition.<br/>

	Typical exclusions from non-negligent cover might include:		Typical exclusions from non-negligent cover might include:
	*Damage caused by negligence, omission or default of the contractor or subcontractor.		*Damage caused by negligence, omission or default of the contractor or subcontractor.
	*Damage which is due to error or omissions during the design process.		*Damage which is due to error or omissions during the design process.
−	*Damage which ~~can~~ reasonably be foreseen as inevitable.	+	*Damage which could reasonably have been foreseen as inevitable.<br/>
	*Penalties incurred under contract and damages for breach of contract.		*Penalties incurred under contract and damages for breach of contract.

Designing Buildings: Created page with " Construction is an inherently dangerous process with many hazards, in particular when working close to existing buildings or other structures. In such situations, there is the ..."

2015-09-16T08:47:02Z

Created page with " Construction is an inherently dangerous process with many hazards, in particular when working close to existing buildings or other structures. In such situations, there is the ..."

New page

Construction is an inherently dangerous process with many hazards, in particular when working close to existing buildings or other structures. In such situations, there is the potential for that property to suffer damage, even if care is exercised.

As a result of the potential for losses to occur in construction projects, Joint Contracts Tribunal (JCT) contract forms require non negligent liability insurance to be taken out. Other contracts may have a similar requirement as an amendment.

This requires that the contractor takes out a policy that protects the developer in respect of any expense, liability, loss, claim or proceedings incurred as a result of damage to property from the works being undertaken due to collapse, subsidence, heave, vibration, weakening or removal of support and lowering of ground water. It is also possible to include cover from the hazards of flood, explosion, backing up of drains and bodily injury to third parties caused by an insured peril. The cover may be in respect of existing buildings being worked upon and/or property on adjoining land. Although the policy is issued in the joint names of the employer and contractor it is the developer who is indemnified.

This sort of cover is not always be required as the kind of activities which give rise to such losses may not be present. Consultants will usually be able to recommend whether or not the cover is required.

There are a variety of activities that could give rise to the potential hazards covered by the insurance, including:
*Piling works.
*Underpining.
*De-watering.
*Demolition close to an existing property.
*Shoring.
*Works that may affect the load-bearing capacity of a structure.
*Works on listed buildings or those in a poor condition.

Typical exclusions from non-negligent cover might include:
*Damage caused by negligence, omission or default of the contractor or subcontractor.
*Damage which is due to error or omissions during the design process.
*Damage which can reasonably be foreseen as inevitable.
*Penalties incurred under contract and damages for breach of contract.

The Royal Institute for Chartered Surveyors (RICS) have produced a [http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5 guidance note] which provides further information on non-negligent liability insurance, including details of Gold v Patman & Fotheringham (1958), the landmark case in this situation.

= Find out more =

=== Related articles on Designing Buildings Wiki. ===
*3D animation for insurance risk analysis.
*Building Users' Insurance Against Latent Defects.
*Contractors' all-risk insurance.
*Contract works insurance.
*Directors and officers insurance.
*Employer's liability insurance.
*Flood insurance.
*Insurance.
*Integrated project insurance.
*Latent defects insurance.
*Legal indemnity insurance.
*Professional Indemnity Insurance.
*Public liability insurance.
*Residual value insurance.

=== External references ===
*[http://www.jctltd.co.uk/ Joint Contracts Tribunal].
*[http://www.isurv.com/site/scripts/documents_info.aspx?documentID=8555&categoryID=1210&pageNumber=5 RICS guidance note].

[[Category:Contracts_/_payment]]