Professional Indemnity Insurance in the Construction Industry

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Number of Pages:
Published Date:
October 2013
Book Height:
250 mm
Book Width:
190 mm
0.4 kg
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This publication will be of interest to insurance professionals engaged in the day to day business of construction insurance, underwriting, claims negotiation and risk management. It will also be useful to lawyers, construction professionals and contractors.

This publication details the application of basic insurance principles, such as utmost good faith and subrogation. It examines how liability arises, making reference to the Bolam Test and contractual influences. Policy wording is explained in depth, ensuring readers are informed on the use of both clauses and specific, individual words. The publication is supported by reference to over 100 case studies.

    • Introduction, application of basic insurance principles, and the relationship with other insurance products
    • How liability arises, the Bolam test, reasonable skill and care, fitness for purpose, duties of designers, influence of standard building agreements
    • Nature of the policy wording, retroactive dates, policy extensions, exclusions and conditions, policy schedule
    • Cover for construction professionals, architects, engineers, surveyors and project managers, underwriting criteria
    • Design and Build Insurance
    • Right of third parties, collateral warranties, economic loss and the complex structures theory
    • Claims
    • Risk Management for Professionals

The publication also makes reference to over 100 case studies.

Chapter 1 The Application of Basic Insurance Principles and the Relationship with Other Insurance Products

1.1 Introduction

1.2 Application of Basic Principles

1.3 Relationship with Other Insurances

1.4 Latent Defects Insurance

Chapter 2 How Liability Arises, the Bolam Test, Reasonable Skill and Care, Fitness for Purpose, Duties of Designers, Influence of Standard Building Agreements

2.1 How Liability Arises

2.2 The Statutory Limitation Issue

2.3 Statutory Influences

2.4 Reasonable Skill and Care – The Bolam Test

2.5 The Fitness of Purpose Debate

2.6 Other Factors Affecting Liability

2.7 Extent of Designer’s Duties

2.8 Influence of Standard Building Contracts

Chapter 3 Nature of the Policy Wording, Retroactive Dates, Policy Extensions, Exclusions and Conditions, Policy Schedule
3.1 Introduction

3.2 Legal Costs

3.3 Retroactive Dates

3.4 Policy Extensions

3.5 Change of Partners

3.6 Run-off Liability

3.7 Other Extensions

3.8 Policy Exclusions

3.9 Policy Conditions

3.10 Conditions of Concern to Construction Risks

3.11 Policy Schedule
Chapter 4 Cover for Construction Professionals, Architects, Engineers, Surveyors and Project Managers, Underwriting Criteria

4.1 Architects

4.2 Points to Consider

4.3 Underwriting Criteria

4.4 Legal Aspects

4.5 Surveyors

4.6 Consulting Engineers

4.7 Project Managers

4.8 Specific Cover Issues

Chapter 5 Design and Build Insurance

5.1 Introduction

5.2 Legal Aspects

5.3 Completion Date

5.4 Obligation to Insure

5.5 Dispute Resolution

5.6 Novation

5.7 Matters Affecting the Policy Cover

5.8 Subcontracting

5.9 Design and Build Policy Wording

5.10 Underwriting the Design and Build Risk

5.11 Underwriting Criteria

Chapter 6 Rights of Third Parties, Collateral Warranties, Economic Loss and the Complex Structures Theory

6.1 Introduction

6.2 Collateral Warranties – Legal Background

6.3 Definition of a Collateral Warranty

6.4 Complex Structures Theory

6.5 Contents of Collateral Warranties

6.6 Other Issues Surrounding Collateral Warranties

6.7 Contracts (Rights of Third Parties) Act 1999

6.8 Third Parties (Rights Against Insurers) Act 2010

Chapter 7 Claims

7.1 Introduction
7.2 Notification of Professional Indemnity Claims

7.3 Adjudication

7.4 Claims Handling

7.5 Time Limits

7.6 Other Limitation Factors

7.7 Insurance Coverage Issues

7.8 Examples of Claims Against Professionals

7.9 VAT in Construction Claims

7.10 Global Settlements

Chapter 8 Risk Management for Professionals

8.1 Introduction

8.2 Reputation is No Defence

8.3 Professional Risk Management

8.4 Checklists for Architects and Engineers

8.5 Collateral Warranties

8.6 Safety Aspects

8.7 Environmental Liability Issues

8.8 Risk Financing

8.9 Disaster Recovery Plans

8.10 Tips for Notifying Claims

Number of Pages:
Published Date:
October 2013
Binding Format:
Book Height:
250 mm
Book Width:
190 mm
0.4 kg

John Wright