i-law

Construction Insurance and UK Construction Contracts


Page 483

APPENDIX 11

The New Engineering Contract/NEC (Third Edition)

8 Risks and insurance

80 Employer’s risks

80.1 The following are Employer’s risks

  • Claims, proceedings, compensation and costs payable which are due to
  • use or occupation of the Site by the works or for the purpose of the works which is the unavoidable result of the works,
  • negligence, breach of statutory duty or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor or
  • a fault of the Employer or a fault in his design.
  • Loss of or damage to Plant and Materials supplied to the Contractor by the Employer, or by Others on the Employer’s behalf, until the Contractor has received and accepted them.
  • Loss of or damage to the works, Plant and Materials due to
  • war, civil war, rebellion, revolution, insurrection, military or usurped power,
  • strikes, riots and civil commotion not confined to the Contractor’s employees or
  • radioactive contamination.
  • Loss of or wear or damage to the parts of the works taken over by the Employer, except loss, wear or damage occurring before the issue of the Defects Certificate which is due to
  • a Defect which existed at take over,
  • an event occurring before take over which was not itself an Employer’s risk or
  • the activities of the Contractor on the Site after take over.
  • Loss of or wear or damage to the works and any Equipment, Plant and Materials retained on the Site by the Employer after a termination, except loss, wear or damage due to the activities of the Contractor on the Site after the termination.
  • Additional Employer’s risks stated in the Contract Data.

87 Insurance by the Employer

87.1 The Project Manager submits policies and certificates for insurances provided by the Employer to the Contractor for acceptance before the starting date and afterwards as the Contractor instructs. The Contractor accepts the policies and certificates if they comply with this contract. 87.2 The Contractor’s acceptance of an insurance policy or certificate provided by the Employer does not change the responsibility of the Employer to provide the insurances stated in the Contract Data. 87.3 The Contractor may insure a risk which this contract requires the Employer to insure if the Employer does not submit a required policy or certificate. The cost of this insurance to the Contractor is paid by the Employer

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.