Design & Construction policy cover
A Design and Construct policy will normally include cover in respect of the design or specification that your firm has put together, any feasibility studies that you undertake, technical information and calculations that you have supplied and also surveying – but only if this is undertaken by, or under the direction and direct control of, a properly qualified Architect, Engineer or Surveyor.
Typically cover will be granted on an aggregate basis, with defence costs included within the policy limit. Any one claim cover can be considered, though this depends on the nature of the work involved. Policy cover will normally be written on a negligence basis.
The policy will provide cover for loss of documents, Libel and slander, Adjudication in accordance with the Housing Grants, Construction & Regeneration Act 1996 and Duty to warn – a Contractor that has no design or professional supervisory responsibility may still have a duty to warn the client if they become aware of a design defect
Cover will normally also extend to cover any collateral warranties that you are asked to agree to. However it is important that you check with your insurers that you will be covered for these on an individual basis as some collateral warranties will be considered by insurers to be too onerous and the policy will then exclude cover for these.
Typically, policies will exclude Death or bodily injury, Loss or damage to physical property, Punitive or exemplary damages, Liability to other Insureds, Claims and circumstances known at inception of the cover and Pollution.