Construction Insurance and UK Construction Contracts
Page 618
Page 619
INDEX
Page 619
INDEX
- Advance payment bond 14.25–14.26
- Agency issues
- Aggregation
- professional indemnity insurance 10.48
- Agreements for lease 15.11–15.24
- Air space 3.98
- Allocation of defence costs
- Annex guidance note
- text 599–613
- Annual policies 5.29–5.33
- Arbitration 31.18–31.36
- As damages 9.11–9.13
- Basis clauses
- Becomes legally liable to pay 9.6–9.10
- Bid bond 14.27, 14.28
- Bonds 14.1–14.41
- advance payment 14.25–14.26
- bid 14.27, 14.28
- categories 14.16–14.30
- conditional 14.9–14.15
- defences to call 14.31–14.41
- double 14.4
- goods and materials 14.29
- guarantee, and 14.5
- maintenance 14.30
- modern usage 14.7
- nature of 14.3–14.6
- on-demand 14.9–14.15
- performance 14.17–14.21
- retention 14.22–14.24
- single 14.3
- use of 14.2
- Breach of duty 3.40–3.45
- Breach of statutory duty 3.105–3.114
- Brokers 7.1–7.61
- acting with reasonable speed 7.40
- agency issues 7.10–7.16
- appointing 7.1–7.61
- assessment of notification 7.41
- awareness of market 7.33, 7.34
- causation 7.42–7.50
- common law duty of care 7.4–7.7
- damages 7.42–7.50
- duty 7.17–7.50
- focused and deliberate strategy 7.19
- fair presentation of risk 7.27–7.29
- ICOB, and 7.51–7.61
- placing 7.8, 7.9
- policy wording 7.37
- producing 7.8, 7.9
- records 7.30
- role 7.1–7.61
- specific obligations 7.27–7.50
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- suitable level of cover 7.31
- types of policies 7.39
- unnecessary risks 7.35, 7.36
- working knowledge of insurance law 7.32
- Building Act 1984 28.44, 28.45
- Building Regulations 2010 28.44, 28.45
- Captives 29.1–29.62
- accounting 29.39
- administration 29.44
- alternative solutions 29.48–29.62
- attitudes of authorities 29.19
- beating the market 29.12
- before forming 29.14
- business plan 29.15, 29.16
- categories 29.2
- claims handling 29.42
- consolidation of board 29.47
- cost 29.10, 29.11
- disadvantages 29.10–29.33
- documentation 29.38
- establishing 29.37–29.47
- expansion 29.8
- funding low-level losses 29.13
- government controls and returns 29.20
- investment 29.43
- legal advice 29.37
- local company legislation 29.18
- loss control 29.33, 29.45
- management agreements 29.32–29.36
- management time 29.21
- managing 29.24–29.36
- market cooperation 29.17
- multinationals 29.7
- mutual 29.55, 29.56
- operating budgets 29.50–29.52
- participative insurance 29.7–29.62
- premium payment 29.22
- reinsurance 29.4
- risk selection 29.
- selecting managers 29.26–29.31
- self-insurance and funding 29.53–29.54
- set-up and operating costs 29.46
- taxation 29.6, 29.40
- underwriting 29.41
- Categories of insurance 1.4–1.7
- Causation 2.111–2.123
- Claims 30.1–30.62
- average 30.52
- contribution clause 30.50
- excess 30.51
- form of notification 30.8
- ICOB, and 30.53–30.56
- insurance conduct of business rules 30.53–30.56
- insured’s obligations where insurer in breach of obligations 30.35–30.37
- insurer’s duty of good faith 30.6, 30.7
- loss payee 30.45–30.46
- mitigation of loss 30.38
- notification 30.3–30.5
- notification clauses, contribution 30.25, 30.26
- notification requirements conditions precedent, whether 30.21–30.24
- obligation to pay/reinstatement 30.39–30.44
- procedures following notification 30.27–30.29
- recipient of notification 30.10, 30.11
- reduction in recovery or indemnity 30.49–30.52
- source of notification 30.9
- subrogation 30.47, 30.48
- third party, settlement of 30.30–30.34
- Claims control
- Classes of insurance contract 5.1–5.33
- Co-insurance
- Collateral warranties 1.48, 1.49
- Combined policies 5.15–5.18
- Company directors
- public liability policies 9.53
- Composite policies 2.161, 5.15–5.18
- Conditions 2.124–2.161
- Conditions of subcontract for construction text 499–510
- Conditions precedent 2.137
- Consequential loss policies 5.13, 5.14
- Construction (Design and Management) Regulations 2015 28.8–28.41
- application in and outside Britain 28.19, 28.20
- changes from 2007 Regulations 28.14
- civil liability for breach 28.41
- client duties 28.26, 28.27
- clients 28.22
- construction work 28.16–28.18
- designer 28.28–28.30
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- duties of contractor 28.37, 28.38
- duties relating to health and safety on construction sites 28.39, 28.40
- notifiable projects 28.21
- overarching principle 28.11
- policy objectives 28.10
- principal contractor 28.34–28.36
- principal designer 28.31–28.33
- transitional arrangements 28.15
- Construction industry 1.1–1.49
- Construction phase
- Construction projects
- characteristics 1.3
- Consultancy agreements 1.48, 1.49
- Consumer insurance contracts
- Contract forms 1.44–1.47
- Contractors all risks insurance 11.4–11.48
- damage 8.46–8.59
- defectively designed 11.22–11.26
- defects in design 11.22–11.26
- design and workmanship exclusions 11.18–11.21
- fortuity, need for 11.14–11.16
- gradual deterioration 11.17
- insured 11.10
- insured property 11.7–11.9
- other parts or portions of property insured 11.27–11.48
- period of insurance 11.11–11.13
- wear and tear 11.17
- Contracts (Rights of Third Parties) Act 1999
- property insurance, and 15.44
- Contractual liability 3.126–3.135
- Contractual relationships and liabilities
- diagram 437
- Contribution 2.162–2.169
- Contributory negligence 3.53–3.56
- breach of statutory duty, and 3.111
- Corporate manslaughter 28.64–28.66
- Costs
- Damage 8.1–8.69
- Damages
- nuisance, and 3.76
- Defective Premises Act 1972 28.46, 28.47
- Design stage
- Development agreement between developer and fund 15.5–15.10
- Difference in conditions insurance 5.19–5.22
- Directors’ and officers’ liability 10.53–10.73
- Disclosure of material facts
- Dispute resolution 31.1–31.68
- policy 31.2
- Fair presentation obligations
- FIDIC conditions of contract 24.1–24.74
- contractor’s care of works 24.12–24.16
- contractor’s risks during operation service period 24.51–24.54
- employer’s risks 24.16–24.20
- employer’s risks during operation service period 24.51
- exceptional risks 24.48–24.51
- general requirements 24.61–24.66
- Gold Book 24.47
- Green Book 24.40–24.46
- indemnities 24.6–24.12
- contractor, by 24.58
- insurance 24.21–24.39
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- insurances to be provided during operation service period 24.70–24.74
- main forms 24.1
- Red Book 24.4
- responsibility for care of works 24.55–24.58
- risk allocation 24.47
- risk and responsibility 24.6
- shared indemnities 24.59–24.60
- Silver Book 24.4
- text 483–487
- Yellow Book 24.4
- FIDIC Plant and Design-Build Contract
- text 495–498
- FIDIC Turnkey Contract
- text 489–493
- Financial Services Ombudsman 31.47–31.68
- Fire 3.116–3.121, 11.53, 11.54
- Floater policies 5.29–5.33
- Flood 11.60–11.63
- Foreseeability
- negligence, and 3.52
- Formation of insurance 6.1–6.21
- Fraud
- Fraudulent claims 2.106–2.109
- public liability policies 9.52
- Fraudulent devices 2.106–2.109
- Glossary 425–431
- Goods and materials bond 14.29
- Health and safety 28.1–28.74
- Highway nuisance 3.80
- Homeowner insurance 12.6–12.14
- Hot work warranties 9.54, 9.55
- I Chem E Lump Sum Red, Green and Burgundy Contracts 26.1–26.36
- ICOB 7.51–7.61
- I Mech E/IET Model Form of Contract 25.1–25.22
- accidents and injury 25.16–25.22
- care of the works 25.10–25.15
- contractors equipment 26.27–26.30
- death, illness and injury 26.33–26.26
- documentation
- insurance provisions 26.5
- overarching insurance provisions 25.4–25.9
- plant, site materials and temporary works 26.6–26.22
- purchasers/purchaser’s affiliates property 26.34–26.35
- third party liabilities 26.31–26.33
- I Mech/IEE MF/1 (Rev 6) 2014
- text 511–514
- Indemnity 2.110
- Inducement
- burden of proof 2.54
- Innominate term 2.143
- In respect of accidental injury to persons 9.14
- Institution of Chemical Engineers Lump Sum (Red Book) Contract 2013
- text 515–518
- Institution of Chemical Engineers Reimbursable (Green Book) Contract
- text 519–521, 523–582
- Insurable interest 2.16–2.37
- Insurance
- Insurance brokers see Brokers
- Insurance Companies (Legal Expenses Insurance) Regulations 1990 28.70
- Insurance conduct of business rules see also ICOB
- Insurance contracts
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- construction manager’s liability insurance and limitation of liability 22.13
- employer’s insurance of liability 22.13–22.15
- employer’s obligation to insure 22.15–22.22, 22.28–22.36
- excepted risks 22.27, 22.28
- injury to persons and property 22.9–22.12, 22.26
- personal injury and property damage 22.27
- professional indemnity insurance 22.23–22.25
- relevant provisions 22.5–22.8
- specific clauses 22.9–22.39
- sub-contractors 22.22, 22.23
- text 475–480
- trade subcontractors 22.40
- use of 22.2, 22.3
- JCT Design and Building Contract 2011 17.1–17.23
- JCT forms of contract 11.49–11.67
- JCT Intermediate Building Contract 2011 18.1–18.20
- JCT Major Project Construction Contract 2011 20.1–20.24
- JCT Management Building Contract 2011 21.1–21.21
- JCT Minor Works Contract 2011 19.1–19.20
- JCT Standard Building Contract 2011 16.1–16.49, 439–443
- Latent defects insurance 12.1–12.29
- Lease
- Legal liability 3.1–3.135
- Liability policies 5.5–5.8, 9.1–9.59
- Lighting obstructions 3.81
- Limitation of actions 2.146–2.150
- trespass to land, and 3.104
- Limits of liability
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- Lloyd’s 6.7
- Loan documents
- property insurance, and 15.34
- Maintenance bond 14.30
- Maintenance period
- risk assessment 4.36
- Material circumstances
- Material damage policies 5.9–5.12
- Material facts
- meaning 2.50
- Mediation 31.3–31.9
- costs 31.9
- Misrepresentation
- waiver 2.70
- Mitigation cover
- Mitigation of loss
- claims, and 30.38
- Negligence 3.8–3.52
- NEC 3 (2013) 23.1–23.24
- New engineering contract/ECC (Third edition)
- text 481
- NHBC 12.6–12.14
- Non-consumer insurance contracts
- Nuisance 3.60–3.84
- act of trespasser 3.73
- authorisation by statute 3.72
- damages 3.76
- defences 3.71–3.75
- definition 3.60
- demolition/rebuilding 3.77
- highway 3.80
- liability 3.65–3.70
- lighting obstructions 3.81
- objective standard of comfort 3.67
- Party Wall etc. Act 1996 3.82–3.84
- private 3.62–3.64
- proof of damage 3.65
- public 3.61
- right to light 3.79
- surrounding circumstances 3.66
- unacceptable defences 3.75
- who can claim 3.68
- who is liable 3.69, 3.70
- withdrawal of support 3.78
- Occupiers Liability Act 1957 28.43
- Occurring during the period of insurance 9.17
- Or accidental loss of or damage to tangible property 9.15, 9.16
- Partial exclusion of claims
- Parties’ ability to due and be sued 13.1–13.116
- co-insurance, effect 13.59–13.88
- insurance arrangements, and 13.1–13.116
- principles arising from authorities 13.114–13.116
- recent Court of Appeal decisions 13.97–13.112
- standard forms of building contract 13.5–13.55
- Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd 13.89–13.96
- waiver of subrogation and cross-liability clauses 13.56–13.58
- Party Wall etc. Act 1996 3.82–3.84
- Performance bond 14.17–14.21
- Personal injury 3.16–3.22
- PFI/PPP projects 27.1–27.72
- changes 27.22
- commoditisation 27.39–27.45
- construction contract 27.26
- contractual structure 27.11–27.14
- cost sharing of insurance premiums 27.67–27.71
- design and construction phase 27.18
- design and construction phase 27.51
- direct agreements 27.25–27.38
- FM contract 27.27, 27.28
- funding project 27.8–27.10
- guidance PF2 27.72
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- insurance arrangements 27.46–27.72
- insurance provisions in LDA 27.36–27.38
- insurance section in SoPC4 27.48, 27.49
- interface agreement 27.29, 27.30
- lenders’ direct agreement 27.32–27.35
- operational phase 27.19, 27.52–27.54
- other insurance policies 27.55
- payment provisions 27.21
- principles 27.1–27.14
- procurement process 27.6, 27.7
- project agreement 27.15–27.24
- property provisions 27.20
- reasons for introduction 27.4, 27.5
- reinstatement of project assets 27.56–27.60
- required insurances 27.50
- responsibility for arranging insurance 27.46
- risks that become uninsurable 27.61–27.66
- standardisation 27.39–27.45
- structures 27.1–27.14
- subcontracts 27.25–27.38
- termination 27.23
- Pipes, bursting of 11.64–11.67
- Placing insurance 6.1–6.21
- Premium calculation 6.13–6.21
- Prescription
- trespass to land, and 3.104
- Private nuisance 3.62–3.64
- Procurement methods 1.14–1.43
- Product guarantee policies
- damage 8.61
- Product liability 9.58
- Product liability policies
- Professional indemnity insurance 5.8, 10.1–10.52
- aggregation 10.48–10.52
- block notification 10.16–10.18
- can of worms notification 10.16–10.18
- claim, meaning 10.9
- claims made basis 10.8
- collateral warranties 10.28
- contractor’s 10.29–10.39
- damage 8.60
- form of clause 10.5, 10.6
- innocent non-disclosure clauses 10.27
- interrelationship between claims and notification 10.19–10.25
- mitigation cover 10.40–10.47
- notification 10.11–10.15
- QC clauses 10.26
- Project feasibility
- Project insurance 5.23–5.28
- Property damage policies 11.1–11.67
- Property insurance 15.1–15.44
- Proximate cause 2.111–2.123
- Public liability policies 5.7, 9.5–9.55
- as damages 9.11–9.13
- becomes legally liable to pay 9.6–9.10
- claims control 9.39–9.47
- claims notification 9.38
- company directors 9.53
- cross-liability 9.19
- damage 8.6–8.14
- excesses 9.20–9.37
- exclusions 9.18
- fraudulent claims 9.52
- hot work warranties 9.54, 9.55
- in respect of accidental bodily injury to persons 9.14
- limits of liability 9.20–9.37
- occurring during the period of insurance 9.17
- or accidental loss of or damage to tangible property 9.15, 9.16
- other clauses, and 9.51
- reasonable precautions 9.48–9.50
- waiver of subrogation clauses 9.19
- Public nuisance 3.61
- Refurbishments
- Reinsurance 2.170–2.185
- Representation obligations
- Retention bond 14.22–14.24
- Right to light 3.79
- Risk assessment 4.1–4.37
- Road traffic liability 9.57
- Rylands v Fletcher 3.85–3.94
- Slip 6.8–6.10
- text 433–436
- Standard forms of building contract
- Storm 11.56
- Strict liability see Rylands v Fletcher
- Subrogation 2.151–2.160
- Subrogation and cross-liability clauses
- Testing and commissioning phase
- Third Parties (Rights against Insurers) Act 1930 30.57–30.63
- Third party liability
- Torts 3.4
- Trespass to land 3.95–3.104
- Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd 13.89–13.96
- Valuation methods 1.8–1.13
- Vicarious liability 3.9, 3.115
- Vision
- risk assessment, and 4.3
-
Volenti non fit injuria
3.57
- breach of statutory duty, and 3.111