Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Do you know if the work will carry a warranty with it?
yes, months defect period within that time any workmanship issues will be remedied free of charge.
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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.
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