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Architects come into contact with insurance in many different ways. Subrogation occurs when an insurer compensates a policyholder for a loss. Most insurance clauses for the Works in building contracts say that the employer or the contractor must take out the insurance in joint names. Thus, if under a joint names insurance the contractor is at fault and the employer claims the cost from the insurer, the insurer cannot exercise its right of subrogation and recover what has been paid out from the contractor. It is important to understand that if the contractor fails to take out this kind of insurance, it will still be liable for the injury or death or loss or damage. An architect with sufficient expertise and experience (very unlikely) can advise the employer whether the contractor's policy complies with the requirements of the contract. The architect can seek expert insurance advice and pass it to the employer.
Architects come into contact with insurance in many different ways. Subrogation occurs when an insurer compensates a policyholder for a loss. Most insurance clauses for the Works in building contracts say that the employer or the contractor must take out the insurance in joint names. Thus, if under a joint names insurance the contractor is at fault and the employer claims the cost from the insurer, the insurer cannot exercise its right of subrogation and recover what has been paid out from the contractor. It is important to understand that if the contractor fails to take out this kind of insurance, it will still be liable for the injury or death or loss or damage. An architect with sufficient expertise and experience (very unlikely) can advise the employer whether the contractor's policy complies with the requirements of the contract. The architect can seek expert insurance advice and pass it to the employer.
Insurance
Chappell, David (author)
2020-01-07
3 pages
Article/Chapter (Book)
Electronic Resource
English
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