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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Domestic contract building work Mr A is getting into a

Resolved Question:

Domestic contract for minor building work
Mr A is getting into a contract with a builder to carry out renovation work within Mr A's property.
Mr A has been advised by a freind that Mr A should put a clause in the contract as below in relation to public liability insurance held by the builder.
Is it a requirement?
If something goes wrong being the builders fault and this clause was not in the contract would Mr A still be able to make a claim on the builders insurance?
"All insurance policies which the "Contractor" must have under their
obligations will include the "Client" as an insured person. In the insurance industry this
is called an indemnity to principals clause."
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

Do you know if the work will carry a warranty with it?

Customer: replied 9 months ago.

yes, months defect period within that time any workmanship issues will be remedied free of charge.

Expert:  Ben Jones replied 9 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. These types of clauses will attempt to make the builder’s insurance cover any damages caused by the builder’s negligence or their actions, although only things specifically covered by the insurance will be eligible. As you may know insurance policies only cover specific events so to be covered under this clause the policy has to cover the event for which is being claimed.

If no such clause existed then the insurance policy will not automatically cover the client and they would not be able to force the builder to claim on their insurance. They could pursue the builder directly for this as they would be the party who are potentially at fault but that does not require them to claim under their insurance policy. As the party covered under the insurance is the builder, only they can claim under that policy and they cannot be forced to do so. Had the indemnity to principals clause been in place, the client would have become a party to that policy and they could have initiated the claim without having to rely on the builder to do so.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46225
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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