Construction Insurance and UK Construction Contracts
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APPENDIX 10
JCT Construction Management Appointment 2011
Section 6 - injury, damage and insurance
Injury to persons and property
Liability of Construction Manager - personal injury or death
6.1 Subject to clause 6.6.1 the Construction Manager 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 the death of any person arising out of or in the course of or caused by the carrying out by the Construction Manager of his obligations under this Contract, to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Construction Manager, his employees or agents.Liability of Construction Manager - injury or damage to property
6.2 The Construction Manager 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 in so far as such loss, injury or damage arises out of or in the course of or by reason of the carrying out by the Construction Manager of his obligations under this Contract to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Construction Manager, his employees or agents. This liability and indemnity is subject to clauses 6.3 and 6.6.1 and excludes loss or damage caused by a Specified Peril to any property required to be insured by paragraph 2 of Schedule 2.Injury or damage to property - Project, Site Materials and Site Facilities excluded
6.3- 1 Subject to clauses 6.3.2 and 6.3.3, the reference in clause 6.2 to “property real or personal” does not include the Project, work executed, Site Materials or Site Facilities up to and including whichever is the earliest of:
- 1 the date of issue of the Project Completion Certificate;
- 2 the date of the termination of the Construction Manager’s engagement; or
- 3 the date of any abandonment of the Project.
- 2 Where a Section Completion Certificate is issued in respect of a Section, that Section shall not after the date of issue of that certificate be regarded as “the Project” or “work executed” for the purpose of clause 6.3.1.
- 3 If clause 2.15 has been operated, then, after the Relevant Date, the Relevant Part shall not be regarded as “the Project” or “work executed” for the purpose of clause 6.3.1.
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Liability of Employer - personal injury or death
6.4 The Employer shall be liable for, and shall indemnify the Construction Manager against, any expense, liability, loss, claim or proceedings whatsoever in respect of personal injury to or the death of any person arising out of or in the course of carrying out the Project, to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Employer, his employees or agents (other than the Construction Manager).
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Liability of Employer - injury or damage to property
6.5 The Employer shall be liable for, and shall indemnify the Construction Manager against, any expense, liability, loss, claim or proceedings in respect of any loss, injury or damage whatsoever to any property real or personal in so far as such loss, injury or damage arises out of or in the course of the carrying out the Project to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Employer, his employees or agents (other than the Construction Manager).Insurance against Personal Injury and Property Damage
Construction Manager’s liability insurance and limitation of liability
6.6- 1 Without prejudice to his obligation to indemnify the Employer under clauses 6.1 and 6.2, the Construction Manager shall take out and maintain insurance in respect of claims arising out of his liability referred to in clauses 6.1 and 6.2 which:
- 1 in respect of claims for personal injury to or the death of any employee of the Construction Manager, 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 6.6.1 applies,1 shall indemnify the Employer in like manner to the Construction Manager (but only to the extent that the Construction Manager 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,2