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Contracts Management and

Administration
(Based on FIDIC Standard)

PMI, PMP, PMBOK and the PMI Registered Education Provider logo are registered marks of the Project Management Institute, Inc.

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INSURANCE
UNDERSTANDING THE
REQUIREMENTS CONCEPTS
AND DEFINITIONS

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CONCEPT OF INSURANCE
INSURANCE is a primarily a means of
protection from financial loss.
It is a FORM OF RISK MANAGEMENT
primarily used to hedge against the risk of
a contingent, uncertain loss.
An entity which provides insurance is
known as an INSURER, INSURANCE
COMPANY, OR INSURANCE CARRIER.

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CONCEPT OF INSURANCE
What Is the RISK of Insurance?
It is a form of risk management primarily
used to hedge against the risk of a
contingent, uncertain loss. An entity
which provides insurance is known as an
INSURER, insurance company, or
insurance carrier. A person or entity who
buys insurance is known as an INSURED
or POLICYHOLDER.
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CONCEPT OF INSURANCE

INSURANCE is also an ECONOMIC


INSTITUTION that allows the transfer of
nancial risk from an individual to a POOLED
GROUP OF RISKS by means of a two-party
contract.
The INSURED PARTY obtains a specied
amount of coverage against an uncertain
event for a smaller but certain payment.

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CONCEPT OF INSURANCE

Insurers may offer


Fixed,
Specied Coverage,
or Replacement Coverage,
which takes into account the increased
cost of putting the structure back to its
original condition.

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THE INSURANCE COMPANY
INSURANCE IS NO LESS THAN A LEGAL
CONTRACT, represented by a POLICY, in
which an individual or entity receives
financial protection or reimbursement
against losses from an insurance
company.
THE COMPANY POOLS CLIENTS' RISKS TO
MAKE PAYMENTS MORE AFFORDABLE
FOR THE INSURED.

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INSURANCE CONTRACT
UNDERSTANDING THE COMPONENTS

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INSURANCE CONTRACT

In insurance, THE INSURANCE POLICY is


a contract (generally a standard form contract)
between the insurer and the insured,
known as the POLICYHOLDER, which
determines the claims which the insurer is
legally required to pay.

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INSURANCE CONTRACT
Definition:
An INSURANCE CONTRACT is an
arrangement in which one party, the
insurer, accepts significant insurance
risk from another party, the
POLICYHOLDER, to compensate the
policyholder if a SPECIFIC UNCERTAIN
future event impacts the policyholder.

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INSURANCE CONTRACT
What Is A Consideration In Insurance?
A contract (an insurance contract)
whereby one person, THE INSURER,
promises and undertakes, in exchange for
CONSIDERATION of a set or assessed
amount of money (called a "PREMIUM"), to
make a payment to either the insured or a
third-party if a specified event occurs,
also known as "occurrences".
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ELEMENTS OF INSURANCE
ELEMENTS OF INSURANCE CONTRACT
CAN BE CLASSIFIED INTO TWO SECTIONS;

1. The Elements of General Contract,


and
2. The Elements of Special Contract
relating to Insurance.

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ELEMENTS COMPRISING
INSURANCE AND INSURANCE
POLICIES

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ELEMENTS OF INSURANCE
The Special Contract of Insurance involves
principles:
Insurable Interest;
Utmost Good Faith;
Indemnity;
Subrogation;
Warranties;
Proximate Cause;
Assignment and Nomination
Return of Premium.
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INSURABLE INTEREST

The following are the essentials of


insurable interest;
There must be property, rights, interest, life,
limb or potential liability devolving upon the
insured capable of being covered by a policy
of insurance.

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INSURABLE INTEREST
Without Insurable Interest Principle:
Anybody could be allowed to affect a policy
of insurance on anybodys life or property in
the absence thereof;

Then there could be opportunity created


whereby intentional or deliberate losses
could be claimed solely for making gains
without losing anything at all.

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1. UTMOST GOOD FAITH
ACCORDING TO THIS PRINCIPLE:
1. Both the parties to the insurance contract
must disclose all facts material to the risk
voluntarily to each other.

2. Any breach of this duty shall render the


contract voidable at the option of the
aggrieved party, i.e., the party who has
suffered as a result of this breach.

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1. UTMOST GOOD FAITH
ACCORDING TO THIS PRINCIPLE:
3. In other commercial contracts, unlike
insurance contracts, the rule of let the
buyer beware (Caveat emptor) applies.

4. The reason of such a provision of law is this


that the goods are tangible and visible.
These can be very well examined before
purchase.

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1. UTMOST GOOD FAITH
ACCORDING TO THIS PRINCIPLE:
Although insurance contract is a simple
commercial contract, but it differs from other
commercial contracts with regard to the
application of this principle.
In other commercial contracts, unlike
insurance contracts, the rule of let the
buyer beware (Caveat emptor) applies.
The reason of such a provision of law is that
the goods are tangible and visible. These can
be very well examined before purchase.
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1. UTMOST GOOD FAITH
Insurance contracts actually stand in a
different category because there is
nothing visible or tangible here which can
be physically examined like other
contracts as explained. Therefore, the
law is not of let the buyer beware.

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1. UTMOST GOOD FAITH
Unless both the parties to the contract
disclose voluntarily to the other party all
facts relating to the proposed contract it is
not possible for the other party to know
precisely as to what type of bargain he is
entering into.
Therefore, this doctrine requires that both
the parties to an insurance contract should
disclose all facts material to the risk to the
other party. Although this duty applies to
both, but in practice it applies more to the
insured.
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2. PRINCIPLE OF INDEMNITY
The Principle of Indemnity asserts that
on the happening of a loss the insured
shall be put back into the same financial
position as he used to occupy
immediately before the loss.
In other words, the insured shall get
neither more nor less than the actual
amount of loss sustained.

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2. PRINCIPLE OF INDEMNITY
SELECTION OF SUM-INSURED
In a CONTRACT OF INDEMNITY, selection of
proper sum insured is important as this is
always the limit within which indemnity will
be considered.
Therefore, if the sum insured is restricted to
a lesser amount than the actual value then in
the case of a total loss the insured gets the
sum insured which does not actually
indemnify him.

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2. PRINCIPLE OF INDEMNITY
Except for life and personal accident
insurance, all insurance contracts are
contracts of indemnity.
Life and personal accident insurance are
not contracts of indemnities simply
because life or limb cannot be valued in
terms of money.

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2. PRINCIPLE OF INDEMNITY
NON-LIFE
Apart from life and personal accident
insurances, all other types of insurances are
contracts of indemnities.
Therefore, Marine, Fire, Motor, EAR, CAR,
Burglary, Fidelity Guarantee, Employers
Liability, Public Liability, Aviation,
Engineering, Products Liability, Crop
insurance, Livestock insurance etc. are all
contracts of indemnity.

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3. PRINCIPLE OF SUBROGATION
SUBROGATION PRINCIPLE means;
When insurer (insurance company) pays full
compensation for any insured loss (of
insured property), the insurer (insurance
company) holds the legal right (claim) of the
insured property.
SUBROGATION is a right that a person has of
standing in the place of another and availing
himself of all the rights and remedies of that
another, whether already enforced or not.
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3. PRINCIPLE OF SUBROGATION
In insurance, after payment of a claim, the
insurers shall be entitled to take over the
legal right of the insured against the liable
third party for the purpose of recovery.
Everybody is entitled to live peacefully and if
this peace is disturbed by the wrongdoer of
another then the person who has been
subjected to this wrong has a legal right of
action against the wrongdoer.

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3. PRINCIPLE OF SUBROGATION
Here comes up the proposition then that if
the damage sustained by the wronged is also
covered by a policy of insurance then after
getting the claim from insurers he gives up
his right of recovery against the wrongdoer
in favor of his insurers.
Insurers then proceed against the liable third
party direct and recover the loss or damage
for their own benefit.

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4. PRINCIPLE OF WARRANTIES
INSURANCE POLICY WARRANTY
A WARRANTY IN AN INSURANCE POLICY is a
statement attesting that something the insured
person says is true.
An insurance contract is written on the
principle of utmost good faith, meaning each
party must trust that the other is being
completely truthful.
For the contract to be valid, you may have to
warrant that an assumption the insurer is
making is true.
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4. PRINCIPLE OF WARRANTIES
INSURANCE POLICY WARRANTY
For example, if you are applying for life
insurance, you must make a warranty that
you are not terminally ill.
If the insurer discovers that one of your
warranties is untrue, it generally has the
power to void the contract and not honor any
claims you make. This is the only instance
where the term "insurance warranty" is
accurate.

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HOLD HARMLESS DEFINED
A "HOLD HARMLESS" OR "LIABILITY WAIVER"
PROVISION IN A CONTRACT IS:
An Agreement between the parties whereby
one or both parties agree not to hold the
other party responsible for any loss,
damage, or legal liability that may arise
under the agreement.
In other words, the two parties cannot sue
each other for any damage they may suffer
due to the negligence of the other party.

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UAE INSURANCE
AUTHORITY
FEDERAL LAW NO. 06

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UAE Federal Law No. 6 of 2007
Insurance Authority & Organization

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UAE Federal Law No. 6 of 2007
Insurance Authority & Organization

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UAE Federal Law No. 6 of 2007
Insurance Authority & Organization

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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EXECUTIVE REGULATION OF
UAE Federal Law No. 6 of 2007

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UAE FORMS OF
CONSTRUCTION
RELATED INSURANCE

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UAE FORMS OF INSURANCE
PROVIDED BY LOCAL INDUSTRY
1. ALL RISKS INSURANCE

2. PROFESSIONAL INDEMNITY INSURANCE

3. PUBLIC LIABILITY INSURANCE

4. ALL RISKS INSURANCE

5. DELAY IN START-UP INSURANCE (DSU)

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UAE FORMS OF INSURANCE
ALL RISKS INSURANCE (CONTRACTORS)
THIS INSURES AGAINST PHYSICAL DAMAGE
TO THE WORKS (including materials on site,
usually);
All Risks Insurance typically covers the full
reinvestment value of the works plus a mark
up for any ancillary costs (such as
consultancy and professional fees) that are
incurred.
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UAE FORMS OF INSURANCE
ALL RISKS INSURANCE (CONTRACTORS)
Contractors generally have global or
Umbrella All Risks Insurance policies that
cover all its projects, so it is generally more
cost effective for contractors to maintain
this insurance or at least up to the Taking
Over of Works.
Once this happens, the risks passes to the
Employer.
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UAE FORMS OF INSURANCE
ALL RISKS INSURANCE (CONTRACTORS)
Usually Defects are excluded from All
Risks Insurance policies.

Wording within the policy, however, can be


purchased (generally) that provides cover for
damages that a defect causes to other parts
of the works.

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UAE FORMS OF INSURANCE
ALL RISKS INSURANCE (CONTRACTORS)
For this type of insurance to be meaningful
however, the different components of the
works must be carefully and clearly
delineated.
This insurance is only generally available if
the works are being undertaken in
accordance with well established
construction techniques.
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UAE FORMS OF INSURANCE
PROFESSIONAL INDEMNITY INSURANCE

This insures contractors with design


responsibility (i.e., under Design and Build
Contracts) against liability arising out of
professional negligence and will respond
if, for example, designs do not comply with
the requirements of the underlying
construction contract.
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UAE FORMS OF INSURANCE
PROFESSIONAL INDEMNITY INSURANCE

It should be noted, however that it is not


uncommon for professional indemnity
insurance to exclude cover for fitness of
purpose warranties.

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UAE FORMS OF INSURANCE
PROFESSIONAL INDEMNITY INSURANCE
Professional Indemnity Insurance is made on
a claims basis as opposed to when a
breach of professional duty actually occurs.
This means that professional indemnity
insurance is generally required to remain in
place until any limitation period ends.

In the UAE that period is 10 years.

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UAE FORMS OF INSURANCE
PROFESSIONAL INDEMNITY INSURANCE

The amount of professional indemnity


insurance cover the contractor is required
to have in place is generally determined
on a case-by-case basis, depending on the
extent and the complexity of the design
works in question.

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UAE FORMS OF INSURANCE
PUBLIC LIABILITY INSURANCE

This insurance provides cover for liability


arising out of death or personal injury to
third parties or damage to property
belonging to third parties (excluding the
works which is covered under All Risks
Insurance) prior to the works being taken
over.
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UAE FORMS OF INSURANCE
PUBLIC LIABILITY INSURANCE
If an employee of a contractor causes death
of a third party, the Sharia law applied in
many Middle Eastern countries allow Diyah or
blood money to be claimed by the victim's
heirs from the individual who caused the
fatality.

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UAE FORMS OF INSURANCE
DECENNIAL LIABILITY INSURANCE

This insurance provides cover for liability


arising out of any defect that threatens
the safety or stability of the building or if
the building suffers a total or partial
collapse.

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UAE FORMS OF INSURANCE
DECENNIAL LIABILITY INSURANCE

Under
the
contractor, as well the supervising
Architect or Engineer, are jointly liable to
the employer for a period up to 10 years
(from the date the works are taken over).

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UAE FORMS OF INSURANCE
DELAY IN START-UP INSURANCE (DSU)

This insurance provides cover for liability


arising out of projects not being taken
over by the date for completion listed in
the contract, or depending on
circumstances and/or the nature of the
works fail to satisfy specific output
criteria.
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UAE FORMS OF INSURANCE
DELAY IN START-UP INSURANCE (DSU)
Contractors are customary required to paid
delay damages (formerly called Liquidated
Damages) to the employer when the works
are not completed on time.

Delay damages are, however, typically


capped at 10% of the contract price.

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UAE FORMS OF INSURANCE
DELAY IN START-UP INSURANCE (DSU)
Caps of this nature may mean that the
Employer is not fully compensated for any
loss suffered and even though caps on delay
damages can sometimes be set aside (to
reassess damages in line with the actual loss
suffered), this can be a slow, uncertain and
expensive process.

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UAE FORMS OF INSURANCE
DELAY IN START-UP INSURANCE (DSU)
For this reason, Employers sometimes (most
pointedly when/if the works are being
financed on a project basis) take out DSU
insurance with provides compensation for
losses (including loss of revenue and other
consequential losses) arising out of late
completion as well as other forms of delay
(Force Majeure)

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KEY PROVISIONS OF THE
INSURANCE INDUSTRY

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IMPORTANT ANCILLARY ISSUES
JOINT NAMES
1. Certain insurance policies are generally
taken out in the joint names of the employer
and the contractor, and even often, the
name of the funder, if any.
2. As an example, this includes the Employer
being insured against any liability incurred
by reason of a breach by the contractor.

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IMPORTANT ANCILLARY ISSUES
JOINT NAMES
3. As a matter of good order, co-insured
parties should obtain copies of the policy
that they are insured under so they know
exactly what they are covered for.
4. However, generally speaking a party named
under an insurance policy can make claims
under that policy and it is also common for
insurers to be required to waive their rights
of subrogation against co-insured parties.

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IMPORTANT ANCILLARY ISSUES
JOINT NAMES
5. This means that the insurer agrees not to
seek to recover against a co-insured party
(i.e., the Employer) even if the insurer paid
out on account of the actions of the
employer.

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IMPORTANT ANCILLARY ISSUES
JOINT NAMES
5. Its important to remember that if two or
more parties are insured under the same
policy, the policy provides that no act or
omission of a co-insured party (i.e.,
misrepresentation, non-disclosure, or failure
to notify) will vitiate the policy or otherwise
prejudice the cover of the other co-insured
party (non-breaching) parties under the
policy.

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IMPORTANT ANCILLARY ISSUES
CROSS LIABILITY
It is usual for contracts that are in joint
names to contain a cross liability clause.
Cross liability clauses essentially mean that
each party is insured in its own right as if a
separate policy had been issued and, as
such, the policy will respond to liability
incurred by one co-insured party to another
co-insured party.
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IMPORTANT ANCILLARY ISSUES
INTEREST NOTED ON A POLICY
It is important to distinguish between being
taken out in joint names and a partys
interest being simply noted on a policy.
Although a party whose name is noted on a
policy has the right to share in insurance
proceeds, the party does not have any direct
right to claim under the policy.

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IMPORTANT ANCILLARY ISSUES
INTEREST NOTED ON A POLICY
Additionally the insurer generally will not
waive its rights of subrogation against a
party whose interest is noted on the policy.

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IMPORTANT ANCILLARY ISSUES
EXCLUSIONS
Insurance policies are normally subject to
exclusions that may restrict the amount of
available cover.
As an example, some insurance policies
exclude cover for guarantees and liability for
delay damages;
Fitness of Purpose warranties are also a
relatively common exclusion

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IMPORTANT ANCILLARY ISSUES

LENDERS INTEREST
Often as part of their security package,
lenders may required an assignment of
the borrowers rights under insurance
policies and may also wish to be named
as the loss payee of the insurance
proceeds.

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IMPORTANT ANCILLARY ISSUES
LENDERS INTEREST
Additionally, lenders may prefer to use
insurance proceeds to pay off the loan
instead of reinstating the project if the
project is destroyed or badly damaged.
If lenders require this ability, care needs to
be taken to ensure that this right is
accommodated by the underlying insurance
policy.
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IMPORTANT ANCILLARY ISSUES
CAPS ON LIABILITY
It is a common misconception in the
construction industry that a contractors
liability for a particular risk (especially for
breach of professional duty or negligence) is
implicitly capped at the amount of insurance
that the contractor is required to have for
that risk.

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IMPORTANT ANCILLARY ISSUES
CAPS ON LIABILITY
THIS IS NOT THE CASE!!!!!
If, for example, the contractor is required to
have professional insurance of USD 5 million
per claim, the contractors liability, for say a
defective design, is not automatically capped
at USE 5 million per claim and the Employer
may seek to recover from the contractors
assets for any loss incurred that exceeds
USD 5 million.
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IMPORTANT ANCILLARY ISSUES
CAPS ON LIABILITY
Expressed wording is required for a
contractors liability to be limited and, even
then, local laws (such as the UAE Civil Code,
[i.e., Article 390(2)] can be invoked upon to
reassess and adjust pre-agreed caps on
liability so that the injured party can only
recover damages to compensate it for the
actual loss sustained arising out of breach.
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BACK TO FIDIC
CHAPTER 18 - INSURANCE

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17.1 INDEMNITIES

The Contractor shall indemnify and hold


harmless the Employer, the Employers
Personnel, and their respective agents,
against and from all claims, damages,
losses and expenses (including legal
fees and expenses) in respect of

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17.1 INDEMNITIES

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17.1 INDEMNITIES

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17.1 INDEMNITIES

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17.1 INDEMNITIES
1. BODILY INJURY, SICKNESS, DISEASE OR
DEATH, which is attributable to any negligence,
willful act or breach of the Contract by the
Employer, the Employers Personnel, or any of
their respective agents, and
2. THE MATTERS FOR WHICH LIABILITY MAY BE
EXCLUDED FROM INSURANCE COVER, AS
DESCRIBED IN SUB-PARAGRAPHS (D)(I), (II)
AND (III) OF SUB-CLAUSE 18.3 [INSURANCE
AGAINST INJURY TO PERSONS AND DAMAGE
TO PROPERTY].

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17.5 INTELLECTUAL AND INDUSTRIAL
PROPERTY RIGHTS
IN THIS SUB-CLAUSE, INFRINGEMENT
MEANS AN INFRINGEMENT (OR ALLEGED
INFRINGEMENT) OF ANY PATENT,
REGISTERED DESIGN, COPYRIGHT, TRADE
MARK, TRADE NAME, TRADE SECRET OR
OTHER INTELLECTUAL OR INDUSTRIAL
PROPERTY RIGHT RELATING TO THE
WORKS;
AND CLAIM MEANS A CLAIM (OR
PROCEEDINGS PURSUING A CLAIM) ALLEGING
AN INFRINGEMENT.

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17.5 INTELLECTUAL AND INDUSTRIAL
PROPERTY RIGHTS
Whenever a Party does not give notice to
the other Party of any claim within 28 days
of receiving the claim, the first Party shall
be deemed to have waived any right to
indemnity under this Sub-Clause.
THE EMPLOYER SHALL INDEMNIFY AND
HOLD THE CONTRACTOR HARMLESS
AGAINST AND FROM ANY CLAIM
ALLEGING AN INFRINGEMENT WHICH IS
OR WAS:

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17.5 INTELLECTUAL AND INDUSTRIAL
PROPERTY RIGHTS
a) An unavoidable result of the Contractors
compliance with the Contract, or
b) A result of any Works being used by the
Employer:
I. For a purpose other than that indicated by, or
reasonably to be inferred from, the Contract,
or;
II. In conjunction with any thing not supplied by
the Contractor, unless such use was disclosed
to the Contractor prior to the Base Date or is
stated in the Contract.
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17.5 INTELLECTUAL AND INDUSTRIAL
PROPERTY RIGHTS
The Contractor shall indemnify and hold
the Employer harmless against and from
any other claim which arises out of or in
relation to
a) The manufacture, use, sale or import of any
Goods, or;
b) Any design for which the Contractor is
responsible.

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17.5 INTELLECTUAL AND INDUSTRIAL
PROPERTY RIGHTS
If a Party is entitled to be
indemnified under this Sub-Clause,
the indemnifying Party may (at its
cost) conduct negotiations for the
settlement of the claim, and any
litigation or arbitration which may
arise from it.

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17.5 INTELLECTUAL AND INDUSTRIAL
PROPERTY RIGHTS

The other Party shall, at the request


and cost of the indemnifying Party,
assist in contesting the claim.

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17.5 INTELLECTUAL AND INDUSTRIAL
PROPERTY RIGHTS
This other Party (and its Personnel) shall
not make any admission which might be
prejudicial to the indemnifying Party,
unless the indemnifying Party failed to
take over the conduct of any
negotiations, litigation or arbitration
upon being requested to do so by such
other Party.
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17.6 LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE
OTHER PARTY:
1. For loss of use of any Works,
2. Loss of profit,
3. Loss of any contract,
4. Any indirect or consequential loss or damage
which may be suffered by the other Party in
connection with the Contract, other than
under: Sub-Clause 16.4 [Payment on
Termination] and Sub-Clause 17.1
[Indemnities].

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17.6 LIMITATION OF LIABILITY
The TOTAL LIABILITY of the Contractor to the
Employer, under or in connection with the
Contract;
other than under Sub-Clause 4.19 [Electricity, Water and
Gas],
Sub-Clause 4.20 [Employers Equipment and Free-Issue
Material],
Sub-Clause 17.1 [Indemnities] and
Sub-Clause 17.5 [Intellectual and Industrial Property
Rights],
SHALL NOT EXCEED THE SUM STATED IN THE
PARTICULAR CONDITIONS OR (IF A SUM IS NOT SO
STATED) THE ACCEPTED CONTRACT AMOUNT.

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17.6 LIMITATION OF LIABILITY

THIS SUB-CLAUSE SHALL NOT LIMIT


LIABILITY IN ANY CASE OF FRAUD,
DELIBERATE DEFAULT OR RECKLESS
MISCONDUCT BY THE DEFAULTING
PARTY.

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18.1 GENERAL REQUIREMENTS
FOR INSURANCES
In this Clause, insuring Party
means, for each type of insurance,
the Party responsible for effecting
and maintaining the insurance
specified in the relevant Sub-Clause.

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18.1 GENERAL REQUIREMENTS
FOR INSURANCES
Wherever the Contractor is the insuring
Party, each insurance shall be effected
with insurers and in terms approved by the
Employer.
THESE TERMS shall be consistent with
ANY TERMS AGREED by both Parties
before the date of the Letter of
Acceptance.
THIS AGREEMENT OF TERMS SHALL TAKE
PRECEDENCE OVER THE PROVISIONS OF
THIS CLAUSE. (FIDIC SC 18.1)
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18.1 GENERAL REQUIREMENTS
FOR INSURANCES
Wherever the EMPLOYER is the
insuring Party,
1. Each insurance shall be
effected with insurers;
2. And in terms consistent with
the details annexed to the
Particular Conditions.
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18.1 GENERAL REQUIREMENTS
FOR INSURANCES
If a policy is required to indemnify
joint insured, the cover shall apply
separately to each insured as
though a separate policy had been
issued for each of the joint
insured.

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18.1 GENERAL REQUIREMENTS
FOR INSURANCES
If a policy indemnifies additional
JOINT INSURED, namely in addition
to the insured specified in this
Clause;
i. The Contractor shall act under the
policy on behalf of these additional
joint insured except that the
Employer shall act for Employers
Personnel;

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18.1 GENERAL REQUIREMENTS
FOR INSURANCES

ii. Additional joint insured shall not be


entitled to receive payments directly
from the insurer or to have any other
direct dealings with the insurer, and;
iii. The insuring Party shall require all
additional joint insured to comply
with the conditions stipulated in the
policy.

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18.1 GENERAL REQUIREMENTS
FOR INSURANCES
Each policy insuring against loss or
damage shall provide for payments
to be made in the currencies
required to rectify the loss or
damage.
Payments received from insurers
shall be used for the rectification of
the loss or damage.

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18.1 GENERAL REQUIREMENTS
FOR INSURANCES
Neither Party shall make any
material alteration to the terms of
any insurance without the prior
approval of the other Party.
If an INSURER MAKES (or attempts
to make) any alteration, the Party
first notified by the insurer shall
promptly give notice to the other
Party.
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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT
THE INSURING PARTY SHALL INSURE
THE WORKS, PLANT, MATERIALS AND
CONTRACTORS DOCUMENTS FOR NOT
LESS THAN THE FULL REINSTATEMENT
COST INCLUDING THE COSTS OF
DEMOLITION, REMOVAL OF DEBRIS
AND PROFESSIONAL FEES AND PROFIT.

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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT
THIS INSURANCE SHALL BE EFFECTIVE
FROM:
1. The date by which the evidence is to be
submitted under sub-paragraph (a) of Sub-
Clause 18.1 [General Requirements for
Insurances],
2. Until the date of issue of the Taking-Over
Certificate for the Works.

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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT
The insuring Party shall maintain this
insurance to provide cover until the
date of issue of the Performance
Certificate;
1. For loss or damage for which the
Contractor is liable arising from a
cause occurring prior to the issue of
the Taking-Over Certificate, and:

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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT

2. and for loss or damage caused by


the Contractor in the course of any
other operations (including those
under Clause 11 [Defects Liability]).

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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT
The insuring Party shall INSURE THE
CONTRACTORS EQUIPMENT for not
less than the full replacement value,
including delivery to Site.
For each item of Contractors
Equipment, the insurance shall be
effective while it is being transported
to the Site and until it is no longer
required as Contractors Equipment.

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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT
If, more than one year after the
Base Date, the cover ceases to
be available at commercially
reasonable terms, the
Contractor shall (as insuring
Party) give notice to the
Employer, with supporting
particulars.
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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT
The Employer shall then
(i) BE ENTITLED - (subject to Sub-
Clause 2.5 [Employers Claims]) to
payment of an amount equivalent to
such commercially reasonable terms
as the Contractor should have
expected to have paid for such cover,
and
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18.2 INSURANCE FOR WORKS AND
CONTRACTORS EQUIPMENT
The Employer shall then
(ii) Be deemed, unless he obtains the
cover at commercially reasonable
terms, to have approved the omission
under Sub-Clause 18.1 [General
Requirements for Insurances].

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18.3 INSURANCE AGAINST INJURY
TO PERSONS AND DAMAGE TO PROPERTY
The insuring Party shall insure against
each Partys liability for:
1. Any loss, damage, death or bodily
injury which may occur to any physical
property (except things insured under Sub-
Clause 18.2 [Insurance for Works and
Contractors Equipment])

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18.3 INSURANCE AGAINST INJURY
TO PERSONS AND DAMAGE TO PROPERTY
The insuring Party shall insure against
each Partys liability for:
2. Or to any person (except persons insured
under Sub-Clause 18.4 [Insurance for
Contractors Personnel]), which may arise
out of the Contractors performance of
the Contract and occurring before the
issue of the Performance Certificate
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18.3 INSURANCE AGAINST INJURY
TO PERSONS AND DAMAGE TO PROPERTY
This insurance shall be for a limit per
occurrence of not less than the
amount stated in the Appendix to
Tender, WITH NO LIMIT ON THE
NUMBER OF OCCURRENCES.
If an amount is not stated in the
Appendix to Tender, this Sub-Clause
shall not apply.
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18.4 INSURANCE FOR
CONTRACTORS PERSONNEL
The CONTRACTOR shall effect and
maintain insurance against liability for
claims, damages, losses and expenses
(including legal fees and expenses)
Arising from INJURY, SICKNESS,
DISEASE or DEATH of any person
employed by the Contractor or any
other of the Contractors Personnel.

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18.4 INSURANCE FOR
CONTRACTORS PERSONNEL
The EMPLOYER and the ENGINEER
shall also be indemnified under the
policy of insurance;
Except that this insurance may
exclude losses and claims to the
extent that they arise from any act or
neglect of the Employer or of the
Employers Personnel.

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18.4 INSURANCE FOR
CONTRACTORS PERSONNEL
The insurance shall be maintained
in full force and effect during the
whole time that these personnel
are assisting in the execution of
the Works.

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18.4 INSURANCE FOR
CONTRACTORS PERSONNEL

For a Subcontractors employees,


the insurance may be effected by
the Subcontractor, but the
Contractor shall be responsible for
compliance with this Clause.

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