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The construction industry, including
allied trades, is vast and complex, and although the majority
of firms employ less than five people two main areas of protection
are essential. These are Contract Works and Liability insurance.
For larger firms particularly Liability is becoming increasingly
onerous especially with regard to all aspects of Health &
Safety, and the terms under which the building contract conditions
have been agreed. The most common contracts currently in use
are issued by the Joint Contracts Tribunal (JCT), the Institute
of Civil Engineers (ICE) and the Department of the Environment
(GC/Works), and it is always advisable to ensure that your
insurance complies with all of these contract conditions.
Contract Works
Contract Works or Contractors All Risks insurance
covers the tools and materials on site as well as the property
in the course of construction or alteration. Any existing
structures are normally automatically excluded as they are
often already insured by the Property Owner. Cover can sometimes
be extended as necessary if this is not the case. Insurance
cover can also be extended to include Hired plant, Temporary
Buildings, Show Houses, Materials in Transit and Terrorism.
Employers Liability
Since 1969 the Employers Liability (Compulsory
Insurance) Act has required every employer carrying on a business,
trade or profession to take out and maintain insurance against
liability for bodily injury or disease sustained by their
employees, arising out of, and in the course of their employment.
The minimum requirement by law is £2 million. In practice,
however, insurers do not issue policies in the UK for less
than £10 million.
Public/Products Liability
The purpose of Public/Products Liability is
to indemnify the policyholder under their legal liability,
should they or their products cause death, bodily injury and/or
loss of or damage to material property of a Third Party or
Parties. Cover can be arranged for goods and services sold
in the UK and/or on a Worldwide basis. This cover can be the
most important section for any builder as often the "buck
stops here" and not having the right cover could cause financial
ruin with the sheer numbers of potential claimants or the
extreme awards now being made by the Courts.
Engineering
Plant and Machinery such as Builders Hoists
or Mobile Cranes and other similar equipment have a statutory
requirement for the plant to be inspected. Insurance cover
for the equipment, the damage that is caused on failure and
the statutory inspection is available under a single policy.
Latent Defects
Owners or Developers can insure against damage
to their property by Latent Defects*. Cover is normally available
for up to 12-years following completion. It is best arranged
before the construction programme has started in order to
secure the best terms from insurers. Most people are familiar
with NHBC Guarantees which are given on new domestic properties.
Similar cover is also available for most New Commercial Properties,
and this can provide up to a 12-years guarantee for the Owner/Developer.
If any building damage occurs as a result of latent defects,
the Insurer would cover the costs to rectify the problem.
* Latent Defects, are defects which have originally occurred
at the time of construction but do not manifest themselves
until some substantial time afterwards.
Construction Bonds
There are a number of different Construction
and Performance bonds. Such bonds are normally mandatory in
this sector, and they guarantee that all the various clauses
within a specific contract will be executed. Should the contractor
fail to perform their contractual obligations protection,
a form of a financial a guarantee is provided.
Business Interruption
A Fire, Flood or other such disasters can cause
financial ruin for any business. Insurers will pay for the
repairs to the property or replacement equipment, but following
a disaster, the project could be set back for months and reliance
on the sale or rental income could be vital. This can be protected
with the inclusion of Advance Profit/Advanced Rent cover.
Directors & Officers Insurance
The Companies Act 1985 alone sets out more than
200 offences for which a director can be personally liable.
Add to this the numerous other offences under Health & Safety,
Environmental and Financial Services Acts and it can be seen
how important it is to consider this type of Insurance cover.
The Insurance cover protects the personal assets of company
directors and officials.
Legal Expenses
Commercial Legal Expenses Protection is becoming
increasingly important to small and medium size businesses.
This policy provides access to expert advice and assistance
in resolving a number of different areas and if necessary
will pay for the cost of legal fees and/or accountancy fees
to conclude the dispute. Typical areas of cover, which often
can be bought as a package include, Contract, Employment,
Data Protection, Criminal Prosecution Defence, Property Protection
and VAT Disputes. For larger companies wide cover is available
for each specific area.
Cover can also be obtained for "After the Event" Litigation.
A range of solutions is available for those who wish to pursue
their legal rights through litigation.
Employee Benefits
Every company should give careful consideration
to their employees' Conditions of Service. Click here for
details of the various types of Employee Benefits available.
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rights reserved ® 2004 | Francis Townsend &
Hayward
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