CLAUSE JCT 21.2.1

(Non Negligence) INSURANCE

The Joint Contracts Tribunal (J.C.T.) Standard Form of Building Contract is in everyday use in the construction industry.

Its provisions are extensive and include a number of clauses requiring insurance protection to be effected. One such clause is 21.2.1. Whereas liability insurance cover legal liability (i.e. the courts decide fault), loss can also arise from unforeseen circumstances (e.g. poor ground conditions, unstable property due to its age) in which case the courts judgement could be one of Non Negligence of any party.

In such circumstances it is prudent for a joint names (Employer & Contractor) JCT 21.2.1. insurance to be taken out, before works commence, to cover unforeseen loss not already covered under liability, property, contact works insurance or the design teams professional indemnity insurance.

Such cover will normally be dependent on the following conditions :

• That all work will be carried out under the direction or method dtatement of a suitably qualified consultant engineer.

• That suitable site investigations will be undertaken prior to the start of any works.

• That before works begin the qualified consultant engineer approves a schedule of conditions of all adjoining or surrounding third party property is prepared. (Report, Photos & Video).

• That all work will comply with the relevant local planning and building regulations.

• That any specialist sub contractor engaged provides, before works commence, written confirmation that they hold Employers Liability & Public Liability insurances.