Main author
Martinc
Website
Insurance for building design and construction
[Link]
Contents
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1 Introduction
2 Collateral warranty
3 Contractors all-risks insurance/contract works insurance
4 Directors and officers insurance
5 Employers' liability insurance
6 Flood insurance
7 Integrated project insurance
8 Latent defects insurance
9 Legal expenses insurance
10 Legal indemnity insurance
11 Office combined/contents/buildings insurance
12 Performance bond
13 Professional indemnity insurance
14 Public liability insurance
15 Residual value insurance
16 Terrorism insurance
17 Related articles on Designing Buildings Wiki
18 External references
Introduction
This is a summary of issues to be considered by, and policies available for, individuals and firms engaging
in building design and construction.
[NB: It is not intended to be all-encompassing as it is too large a topic to be covered in a single article.]
Insurance provides third-party protection against risks. Risks on construction projects can be significant,
and so insurance is very common, providing protection both for the insured, and for the party to whom
the insured has a liability.
It is for each individual or party to decide upon insurance policies that are appropriate for their
circumstances. It is very expensive to over-insure and it could be very expensive to under-insure in the
event that a claim is made. For this reason, expert guidance is advisable.
Collateral warranty
A collateral warranty is a legally binding agreement which is ancillary to a separate contractual
agreement between two parties and which imposes an extended duty of care and a broader liability on
those parties. Such a warranty effectively provides for a duty of care to be extended by a contracting
party to a third party that is not party to the original contract.
An example would be where an architect of a new office development owes a duty of care to an
occupier of the development in so far as any subsequent defects which may arise are concerned.
Privity of Contract rules would prevent any liability arising between architect and occupier without the
existence of a collateral warranty enabling the developer to create a contractual obligation between
architect and occupier.
See Collateral warranties for more information.