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30 Cards in this Set
- Front
- Back
Two major groups of construction risk? |
Major Works: Under contract, Complex, High Value Minor Works: No formal contract, Installations and replacements, The order sets the terms |
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The need for construction insurance?
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Risk of loss or damage or damage to property: impact, weather, poor design, theft, fire. Minor events can escalate to major losses |
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Environmental conditions? |
Most important consideration in construction insurance |
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Many hazards effecting a construction project are... |
Foreseeable, inevitable and expected
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The contractor should provide for these... |
in his pricing or listed as excluded costs per contract |
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Relevant policy exception here: |
"costs for which the employee will not hold the contractor responsible" |
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Indemnity should only... |
extend to: unforeseeable, unexpected, fortuitous or accidental |
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Elemental perils: |
Earth, water, air & Fire. Conditions normal to the environment not eligibal for insurance - carried by employer or contractor |
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EARTH 6 characterizations? |
1. Subsidence 2. Landslide 3. Collapse 4. Rockslide 5. Mudslide 6. Avalanche |
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How could these be avoided? |
Contractor should be familiar with the geotechnics of terrrain Underwriter can insure but must be well informed |
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WATER 4 characterizations? |
1. Rainfall 2. Flood / Inundation 3. Snow 4. Frost |
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2 categories of this natural occurrence (Rainfall): |
Normal: predictable and not indemnifiable Excessive: contractor not expected to take preventative measures, terms used "excessive rainfall" associated with high winds |
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5 Common causes of flood/inundation: |
1. Run-off water from high ground 2. Rivers, dams etc bursting banks 3. Water table 4. Other underground water 5. Damage to water pipes |
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(flood/inundation) Runoff water from high ground 3 key points: |
1. Divert away from site 2. Divert to a control point on site 3. Indemnity only actions of damage occurs after these measures have been overpowered |
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(flood/inundation) Water table 3 key points: |
1. Easily established or well known 2. Must be regularly monitored 3. Policy will not respond to dewatering costs even if the quantities exceed predetermined amounts |
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(flood/inundation) Other underground water 3 key points: |
1. Shaft sinking and tunneling relevant activities 2. Precautions can be taken: grouting, freezing or pumping 3. No response for pumping costs - only damaged insured works (shaft etc) (mud considered as water) |
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(flood/inundation) Damage to high-pressure pipes 3 key points: |
1. Usually during road construction 2. Even though location identified before hand - not always found where meant to be 3. If there is a loss of compaction density, policy will respond (as with un expected excessive rainfall) |
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(WATER 4 characterizations) 2: Snow 3 key points: |
1. Excessive water from melted snow
2. Low temperatures affecting materials (concrete and bitumen) 3. The predictable and anticipated applies here |
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(WATER 4 characterizations) 3: Hail 3 key points: |
1. Each incident taken on its merits 2. Damage caused by seepage 3. Large hail unpredictable |
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(WATER 4 characterizations) 4: Frost 3 key points: |
1. Similar effects fo snow (curing of materials) 2. Equipment can be damaged (radiators) 3. Contractor must take preventative measures before policy can respond (anti freeze) |
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(Elemental perils) AIR, 2 issues? |
1. Lightning / atmospheric electricity: preventing personal working and damage equipment 2. Wind: tornado most destructive |
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(Elemental perils) FIRE, 2 issues? |
1. Veld fires caused by lightning 2. Veld fires caused by glass litter |
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SA Legislation relating to construction are: (6 examples) |
1. Occupational health and safety act OHSA 2. Housing consumers protective measures act 1998 3. The national building regulations and building standard act 1997 4. Council for built environment act 2000 5. Construction industry developments board 6. Mine health and safety act 1996 |
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SA Legislation relating to professionals in the construction invironment: (5 examples) |
1. The architectural profession act 2000 2. The professional and technical surveyors act 1984 3. The landscape architectural profession act 2000 4. The quantity surveying profession act 2000 5. The town and regional planners act 1984 |
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SA Legislation relating to professionals in the construction environment: (2 examples) |
6. The professional and technical surveyors act 1984 7. The engineering profession act 2000 |
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Sate when conduct or omissions in conduct may be actionable |
"Provided the remaining requisite elements of delict are met: fault, causation and damage" |
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Vicarious liability? |
The acts of employees |
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Employee? |
Contract of service - under instruction, little or no descretion |
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Independent contractor? |
Contract for service - has discretion as to how the work is carried out in cases where the employer is accused of liable actions the reasonable man test applies |
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Name 5 basic insurance principles: |
1. Insurable interest 2. Indemnity 3. Proximate cause 4. Good faith 5. Subrogation |