Other insurance for construction lawyers

Building works

Insurance issues can arise where construction works, such as refurbishment and fit-out works, are carried out to an existing building. Policy coverage and rights of subrogation under the policy may be affected depending on who the policyholder is.

See Practice Note: Works to existing buildings—insurance issues.

When working in an existing building, another issue is the overlap between the contractor's all risks policy and the contractor's public liability policy. The JCT contracts are the only contracts which make specific insurance provisions for work being done to, or adjacent to, existing buildings. The provision is that the employer takes out a contractor’s all risks policy which covers both the works and the existing buildings in the joint names of the employer and the contractor. However, in respect of the existing buildings, the cover provided to the contractor is only in respect of the 'specified perils', not in respect of all risks (see: JCT contracts—insurance). This is Insurance Option

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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