Construction Insurance and UK Construction Contracts
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APPENDIX 7
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JCT Minor Works Building Contract 2011
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Section 5 - injury, damage and insurance
Liability of contractor - personal injury or death
5.1 The Contractor shall be liable for, and shall indemnify the Employer against, any expense, liability, loss, claim or proceedings whatsoever in respect of personal injury to or death of any person arising out of or in the course of or caused by the carrying out of the Works, except to the extent that the same is due to any act or neglect of the Employer or of any person for whom the Employer is responsible.Liability of contractor - injury or damage to property
5.2 The Contractor shall be liable for, and shall indemnify the Employer against, any expense, liability, loss, claim or proceedings in respect of any loss, injury or damage whatsoever to any property real or personal (other than loss, injury or damage to the Works and/or Site Materials or, where clause 5.4B applies, to any property required to be insured thereunder caused by a Specified Peril) in so far as such loss, injury or damage arises out of or in the course of or by reason of the carrying out of the Works and to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Contractor or any person employed or engaged by the Contractor on or in connection with the Works or any part of them.Contractor’s insurance of his liability
5.3 Without prejudice to his obligation to indemnify the Employer under clauses 5.1 and 5.2, the Contractor shall take out and maintain (and shall cause any sub-contractor similarly to take out and maintain) insurance in respect of claims arising out of his liability referred to in clauses 5.1 and 5.2 which:- 1 in respect of claims for personal injury to or the death of any employee of the Contractor arising out of and in the course of such person’s employment, shall comply with all relevant legislation; and
- 2 for all other claims to which clause 5.3 applies,1 shall indemnify the Employer in like manner to the Contractor, but only to the extent that the Contractor may be liable to indemnify the Employer under the terms of this Contract and shall be in a sum not less than that stated in the Contract Particulars for any one occurrence or series of occurrences arising out of one event.
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Insurance of the Works by Contractor in Joint Names
5.4A
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- 1 If the Contract Particulars state that clause 5.4A applies,2 the Contractor shall take out and maintain with insurers approved by the Employer a Joint Names Policy for All Risks Insurance for the full reinstatement value of the Works (plus the percentage, if any, stated in the Contract Particulars to cover professional fees) and shall maintain such Joint Names Policy up to and including the date of issue of the practical completion certificate or, if earlier, the date of termination of the Contractor’s employment (whether or not the validity of that termination is contested).
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- 1 After any inspection required by the insurers in respect of a claim under the insurance has been completed, the Contractor shall with due diligence restore the damaged work, replace or repair any lost or damaged Site Materials, remove and dispose of any debris and proceed with the carrying out and completion of the Works.
- 2 The Contractor shall authorise the insurers to pay all monies from such insurance to the Employer and the Employer may retain from monies paid by the insurers the amount properly incurred by the Employer in respect of professional fees up to an amount which shall not exceed the amount of the percentage additional cover for those fees or (if less) the amount paid by insurers in respect of those fees.
- 3 In respect of restoration, replacement or repair of such loss or damage and (when required) the removal and disposal of debris, the Contractor shall not be entitled to any payment other than amounts received under the insurance referred to in clause 5.4A.1 (less only the amount stated in clause 5.4A.2.2) and such amounts shall be paid to the Contractor under certificates of the Architect/Contract Administrator at the intervals stated in clause 4.3.
Insurance of existing structures and the Works by Employer in Joint Names
5.4B- 1 If the Contract Particulars state that clause 5.4B applies, the Employer shall take out and maintain:
- 1 a Joint Names Policy in respect of the existing structures together with the contents of them owned by him or for which he is responsible, for the full cost of reinstatement, repair or replacement of loss or damage due to any of the Specified Perils;
- 2 a Joint Names Policy for All Risks Insurance for the full reinstatement value of the Works (plus the percentage, if any, stated in the Contract Particulars to cover professional fees)