Non-negligent liability insurance
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.
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.
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.
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.
There are a variety of activities that could give rise to the potential hazards covered by the insurance, including:
- Piling and foundation excavations
- Underpining.
- De-watering of the ground
- Demolition close to an existing property.
- Shoring of walls
- 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:
- 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 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.
[edit] 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.
- Insurance terminology.
- Integrated project insurance.
- Latent defects insurance.
- Legal indemnity insurance.
- Professional Indemnity Insurance.
- Public liability insurance.
- Residual value insurance.
[edit] External references
Featured articles and news
Conservation in the age of the fourth (digital) industrial revolution.
Shaping the future of heritage
Embracing the evolution of economic thinking.
Ministers to unleash biggest building boom in half a century
50 major infrastructure projects, 5 billion for housing and 1.5 million homes.
RIBA Principal Designer Practice Note published
With key descriptions, best practice examples and FAQs, with supporting template resources.
Electrical businesses brace for project delays in 2025
BEB survey reveals over half worried about impact of delays.
Accelerating the remediation of buildings with unsafe cladding in England
The government publishes its Remediation Acceleration Plan.
Airtightness in raised access plenum floors
New testing guidance from BSRIA out now.
Picking up the hard hat on site or not
Common factors preventing workers using head protection and how to solve them.
Building trust with customers through endorsed trades
Commitment to quality demonstrated through government endorsed scheme.
New guidance for preparing structural submissions for Gateways 2 and 3
Published by the The Institution of Structural Engineers.
CIOB launches global mental health survey
To address the silent mental health crisis in construction.
New categories in sustainability, health and safety, and emerging talent.
Key takeaways from the BSRIA Briefing 2024
Not just waiting for Net Zero, but driving it.
The ISO answer to what is a digital twin
Talking about digital twins in a more consistent manner.
Top tips and risks to look out for.
New Code of Practice for fire and escape door hardware
Published by GAI and DHF.