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Page 618

Page 619

INDEX

INDEX

Advance payment bond –

Agency issues
- brokers, and –

Aggregation
- professional indemnity insurance

Agreements for lease –

Air space

Allocation of defence costs
- directors’ and officers’ liability –

Annex guidance note

text 599–613

Annual policies –

Arbitration –
- awards
- confidentiality and privacy
- costs
- expense
- joinder
- procedure –
- stay for ,

As damages –

Basis clauses
- utmost good faith, and –

Becomes legally liable to pay –

Bid bond ,

Bonds –
- advance payment –
- bid ,
- categories –
- conditional –
- defences to call –
- double
- goods and materials
- guarantee, and
- maintenance
- modern usage
- nature of –
- on-demand –
- performance –
- retention –
- single
- use of

Breach of duty –

Breach of statutory duty –

Brokers –
- acting with reasonable speed
- agency issues –
- appointing –
- assessment of notification
- awareness of market ,
- causation –
- common law duty of care –
- damages –
- duty –
  - focused and deliberate strategy
- fair presentation of risk –
- ICOB, and –
- placing ,
- policy wording
- producing ,
- records
- role –
- specific obligations –
- Page 620
  
  standard terms, and
- suitable level of cover
- types of policies
- unnecessary risks ,
- working knowledge of insurance law

Building Act 1984 ,

Building Regulations 2010 ,

Captives –
- accounting
- administration
- alternative solutions –
- attitudes of authorities
- beating the market
- before forming
- business plan ,
- categories
- claims handling
- consolidation of board
- cost ,
- disadvantages –
- documentation
- establishing –
- expansion
- funding low-level losses
- government controls and returns
- investment
- legal advice
- local company legislation
- loss control ,
- management agreements –
- management time
- managing –
- market cooperation
- multinationals
- mutual ,
- operating budgets –
- participative insurance –
- premium payment
- reinsurance
- selecting managers –
- self-insurance and funding –
- set-up and operating costs
- taxation ,
- underwriting

Categories of insurance –

Causation –
- breach of duty, and
- negligence –

Claims –
- average
- contribution clause
- excess
- form of notification
- ICOB, and –
- insurance conduct of business rules –
- insured’s obligations where insurer in breach of obligations –
- insurer’s duty of good faith ,
- loss payee –
- mitigation of loss
- notification –
- notification clauses, contribution ,
- notification requirements conditions precedent, whether –
- obligation to pay/reinstatement –
- procedures following notification –
- recipient of notification ,
- reduction in recovery or indemnity –
- source of notification
- subrogation ,
- third party, settlement of –

Claims control
- public liability policies –

Classes of insurance contract –

Co-insurance
- parties’ ability to sue and be sued, and –

Collateral warranties ,
- latent defects insurance, and –
- professional indemnity insurance
- property insurance, and –

Combined policies –

Company directors
- public liability policies

Composite policies , –

Conditions –
- insurance conduct of business rules ,

Conditions of subcontract for construction text 499–510

Conditions precedent
- notification of claims, and –

Consequential loss policies ,

Construction (Design and Management) Regulations 2015 –
- application in and outside Britain ,
- changes from 2007 Regulations
- civil liability for breach
- client duties ,
- clients
- construction work –
- designer –
- Page 621
  
  domestic clients –
- duties of contractor ,
- duties relating to health and safety on construction sites ,
- notifiable projects
- overarching principle
- policy objectives
- principal contractor –
- principal designer –
- transitional arrangements

Construction industry –
- matters comprised in
- statistics

Construction phase
- risk assessment –

Construction projects
- characteristics

Consultancy agreements ,

Consumer insurance contracts
- representation obligations –

Contract forms –

Contractors all risks insurance –
- damage –
- defectively designed –
- defects in design –
- design and workmanship exclusions –
- fortuity, need for –
- gradual deterioration
- insured
- insured property –
- other parts or portions of property insured –
- period of insurance –
- wear and tear

Contracts (Rights of Third Parties) Act 1999
- property insurance, and

Contractual liability –

Contractual relationships and liabilities

diagram 437

Contribution –

Contributory negligence –
- breach of statutory duty, and

Corporate manslaughter –

Costs
- arbitration
- Financial Service Ombudsman
- mediation
- QC clauses

Damage –

Damages
- nuisance, and

Defective Premises Act 1972 ,

Design stage
- risk assessment –

Development agreement between developer and fund –

Difference in conditions insurance –

Directors’ and officers’ liability –

Disclosure of material facts

Dispute resolution –
- policy

Economic loss –
- application of rules –

Employers’ liability

Excesses
- public liability policies –

Explosion

Ex turpi causa

Fair presentation obligations
- Non-consumer insurance contracts –

FIDIC conditions of contract –
- contractor’s care of works –
- contractor’s risks during operation service period –
- employer’s risks –
- employer’s risks during operation service period
- exceptional risks –
- general requirements –
- Gold Book
- Green Book –
- indemnities –
- contractor, by
- insurance –
- Page 622
  
  insurances to be provided during design-build period –
- insurances to be provided during operation service period –
- main forms
- Red Book
- responsibility for care of works –
- risk allocation
- risk and responsibility
- shared indemnities –
- Silver Book
- Yellow Book

FIDIC Plant and Design-Build Contract

text 495–498

FIDIC Turnkey Contract

text 489–493

Financial Services Ombudsman –

Fire –, ,

Floater policies –

Flood –

Foreseeability
- negligence, and

Formation of insurance –
- assessment of risk –

Fraud
- defence to call on bond –

Fraudulent claims –
- public liability policies

Fraudulent devices –

Glossary 425–431

Goods and materials bond

Health and safety –

Highway nuisance

Homeowner insurance –
- NHBC –
- Zurich Insurance –

Hot work warranties ,

I Chem E Lump Sum Red, Green and Burgundy Contracts –

ICOB –
- claims, and –

I Mech E/IET Model Form of Contract –

I Mech/IEE MF/1 (Rev 6) 2014

text 511–514

Indemnity

Inducement
- burden of proof

Innominate term

In respect of accidental injury to persons

Institution of Chemical Engineers Lump Sum (Red Book) Contract 2013

text 515–518

Institution of Chemical Engineers Reimbursable (Green Book) Contract

text 519–521, 523–582

Insurable interest –

Insurance
- definition –
- elements –

Insurance brokers see Brokers

Insurance Companies (Legal Expenses Insurance) Regulations 1990

Insurance conduct of business rules see also ICOB

conditions, and ,

Insurance contracts
- classes –

Page 623

JCT Construction Management 2011 –

JCT Design and Building Contract 2011 –

JCT forms of contract –
- bursting of pipes –
- escape of water –
- explosion
- fire ,
- flood –
- storm

JCT Intermediate Building Contract 2011 –

JCT Major Project Construction Contract 2011 –

JCT Management Building Contract 2011 –

JCT Minor Works Contract 2011 –

JCT Standard Building Contract 2011 –, 439–443

Latent defects insurance –

Lease
- property insurance, and –

Legal liability –
- contractual –
- defences –
- fire –
- limitation
- main heads
- remedies –
- torts

Liability policies –, –

Lighting obstructions

Limitation of actions –
- trespass to land, and

Limits of liability
- public liability policies –

Page 624

Litigation –

Lloyd’s

Loan documents
- property insurance, and

Maintenance bond

Maintenance period
- risk assessment

Material circumstances
- common law –

Material damage policies –

Material facts
- meaning

Mediation –
- costs

Misrepresentation
- waiver

Mitigation cover
- professional indemnity insurance –

Mitigation of loss
- claims, and

Negligence –

NEC 3 (2013) –

New engineering contract/ECC (Third edition)

text 481

NHBC –

Non-consumer insurance contracts
- fair presentation obligations –

Nuisance –

Occupiers Liability Act 1957

Occurring during the period of insurance

Or accidental loss of or damage to tangible property ,

Partial exclusion of claims
- damage –

Parties’ ability to due and be sued –
- co-insurance, effect –
- insurance arrangements, and –
- principles arising from authorities –
- recent Court of Appeal decisions –
- standard forms of building contract –
- Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd –
- waiver of subrogation and cross-liability clauses –

Party Wall etc. Act 1996 –

Performance bond –

Personal injury –

PFI/PPP projects –
- changes
- commoditisation –
- construction contract
- contractual structure –
- cost sharing of insurance premiums –
- design and construction phase
- design and construction phase
- direct agreements –
- FM contract ,
- funding project –
- guidance PF2
- Page 625
  
  insurance
- insurance arrangements –
- insurance provisions in LDA –
- insurance section in SoPC4 ,
- interface agreement ,
- lenders’ direct agreement –
- operational phase , –
- other insurance policies
- payment provisions
- principles –
- procurement process ,
- project agreement –
- property provisions
- reasons for introduction ,
- reinstatement of project assets –
- required insurances
- responsibility for arranging insurance
- risks that become uninsurable –
- standardisation –
- structures –
- subcontracts –
- termination

Pipes, bursting of –

Placing insurance –

Premium calculation –
- third party liability –

Prescription
- trespass to land, and

Private nuisance –

Procurement methods –
- contractor’s design portion –
- design and build –
- integrated –
- management –
- traditional/conventional –
- turn key –

Product guarantee policies
- damage

Product liability

Product liability policies
- damage –

Professional indemnity insurance , –
- aggregation –
- block notification –
- can of worms notification –
- claim, meaning
- claims made basis
- collateral warranties
- contractor’s –
- damage
- form of clause ,
- innocent non-disclosure clauses
- interrelationship between claims and notification –
- mitigation cover –
- notification –
- QC clauses

Project feasibility
- risk assessment –

Project insurance –

Property damage policies –
- damage –

Property insurance –
- agreements for lease –
- collateral warranties –
- Contracts (Rights of Third Parties) Act 1999
- development agreement between developer and fund –
- higher tier property documents –
- lease –
- loan documents
- refurbishments ,

Proximate cause –
- loss caused by excepted cause, whether –
- loss caused insured against, whether –
- meaning

Public liability policies , –
- as damages –
- becomes legally liable to pay –
- claims control –
- claims notification
- company directors
- cross-liability
- damage –
- excesses –
- exclusions
- fraudulent claims
- hot work warranties ,
- in respect of accidental bodily injury to persons
- limits of liability –
- occurring during the period of insurance
- or accidental loss of or damage to tangible property ,
- other clauses, and
- reasonable precautions –
- waiver of subrogation clauses

Public nuisance

Page 626

QC clauses –
- Costs

QTPIP ,

Refurbishments
- property insurance, and ,

Reinsurance –

Representation obligations
- consumer insurance contracts –

Retention bond –

Right to light

Risk assessment –

Road traffic liability

Rylands v Fletcher –
- defences
- definition –
- liability –

Slip –
- text 433–436

Standard forms of building contract
- parties’ ability to sue and be sued –

Storm

Strict liability see Rylands v Fletcher

Subrogation –
- claims, and ,

Subrogation and cross-liability clauses
- waiver of –

Testing and commissioning phase
- risk assessment ,

Third Parties (Rights against Insurers) Act 1930 –

Third party liability
- premium calculation –

Torts

Trespass to land –
- air space
- damages ,
- defences
- definition –
- liability –
- limitation
- prescription

Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd –

Utmost good faith –

Valuation methods –

Vicarious liability ,

Vision
- risk assessment, and

Volenti non fit injuria
- breach of statutory duty, and

Warranties –

Water, escape of –

Withdrawal of support

Zurich Insurance –

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