Construction Insurance and UK Construction Contracts
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APPENDIX 17
Institution of Chemical Engineers Lump Sum (Red Book) Contract 2013
30 Care of the Works
- 30.1 If the Contract provides for the Plant to be Taken Over by Sections, the references to the Plant in this Clause 30 shall apply as if a reference to the Plant were a reference to a Section.
- 30.2 In this Clause 30, ‘Personnel’ of a legal entity means any person engaged by and working under the direction and control of that legal entity.
- 30.3 The Plant and Temporary Works shall be under the care and control of the Contractor until the Plant is Taken Over by the Purchaser. Access to the Site and all activities on it under the Contract shall, subject to Sub-clause 23.5, be under the control of the Contractor until the whole of the Plant is Taken Over by the Purchaser.
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30.4 Subject to Sub-clause 30.8, the Contractor shall make good any loss or damage to the Plant, Site Materials and Temporary Works that may occur:
- (a) before the Plant is Taken Over by the Purchaser; and
- (b) after the Plant has been Taken Over by the Purchaser but before the issue of the applicable Final Certificate, when the loss or damage results from any cause or operation described in Sub-clause 31.1 (a) or (b).
- 30.5 The Contractor shall have no liability for loss or damage to the Plant, Site Materials and Temporary Works if such loss or damage is due to a Purchaser’s Risk.
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30.6 Subject to Sub-clause 30.5, the Contractor’s liability for the loss of or damage to the Plant, Site Materials and Temporary Works, including his obligations under Sub-clause 30.4, shall be limited to:
- (a) the lesser of:
- (i) the Deductible; or
- (ii) the actual value of each claim to which the Deductible shall apply; plus
- (b) any cost that the Contractor would have incurred under Clause 37 (Liability for Defects) if replacement or rectification of any Defect in the Plant and/or Temporary Works had been put in hand immediately prior to the physical loss of or damage to the Plant and/or Temporary Works.
- (a) the lesser of:
- 30.7 The Purchaser shall indemnify the Contractor in respect of any Cost of making good loss of or damage to the Plant, Site Materials and/or Temporary Works in accordance with Sub-clause 30.4 that is in excess of the Contractor’s liability under Sub-clause 30.6 irrespective of any fault or negligence of the Contractor or any Subcontractor.
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30.8 To the extent that the Cost of making good loss of or damage to the Plant, Site Materials and/or Temporary Works in accordance with Sub-clause 30.4 exceeds the Contractor’s liability under Sub-clause 30.6 the performance of such obligation shall be conditional upon:
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(a) the Purchaser confirming that sufficient funds are available to the Contractor from the Purchaser to implement and complete such work; andPage 518
- (b) the terms of payment of such funds are agreed between the Contractor and the Purchaser.
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- 30.9 The Contractor shall make good at the Contractor’s cost any loss or damage that may occur to the Documentation prior to its delivery to the Purchaser and/or the Project Manager.
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30.10 The Contractor shall indemnify the Purchaser, any Affiliate of the Purchaser and the Project Manager against all damages, liabilities, claims, costs and expenses in respect of the death, illness or injury to:
- (a) Personnel of the Contractor; and
- (b) Personnel of a Subcontractor;