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 C under the JCT Contracts. Any