Non-Negligence 6.5.1

If damage is caused to neighbouring property by a contractor’s negligence or breach of contract, the contractor will be liable in the tort of negligence or nuisance to the owner of the property which has been lost or damaged. However, a difficulty arises when damage is caused to a neighbouring property which cannot be traced to any negligence or breach of contract on the part of the contractor. As a result, an employer, on whose behalf the works have been carried out, is left with the risk of claims from third parties whose properties have been damaged, but where the contractor is not liable because it has not been negligent. Cover is therefore arranged in joint names of the Employer and the Contractor. Senior Wright can arrange insurance to cover this type of risk.

The JCT Standard Building Contract is the only standard contract which makes provision for a non-negligent insurance policy.

Senior Wright can place cover in isolation or as part of a package.

Please contact for any further information.


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