Construction Insurance and UK Construction Contracts

Page 483


The New Engineering Contract/NEC (Third Edition)

8 Risks and insurance

80 Employer’s risks

80.1 The following are Employer’s risks

  • Claims, proceedings, compensation and costs payable which are due to
  • use or occupation of the Site by the works or for the purpose of the works which is the unavoidable result of the works,
  • negligence, breach of statutory duty or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor or
  • a fault of the Employer or a fault in his design.
  • Loss of or damage to Plant and Materials supplied to the Contractor by the Employer, or by Others on the Employer’s behalf, until the Contractor has received and accepted them.
  • Loss of or damage to the works, Plant and Materials due to
  • war, civil war, rebellion, revolution, insurrection, military or usurped power,
  • strikes, riots and civil commotion not confined to the Contractor’s employees or
  • radioactive contamination.
  • Loss of or wear or damage to the parts of the works taken over by the Employer, except loss, wear or damage occurring before the issue of the Defects Certificate which is due to
  • a Defect which existed at take over,
  • an event occurring before take over which was not itself an Employer’s risk or
  • the activities of the Contractor on the Site after take over.
  • Loss of or wear or damage to the works and any Equipment, Plant and Materials retained on the Site by the Employer after a termination, except loss, wear or damage due to the activities of the Contractor on the Site after the termination.
  • Additional Employer’s risks stated in the Contract Data.

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