draft contract - insurance and rubbish removal

[biryani_boy]

hi all,

I'm drafting a contract for my extension project using a template I found online. everything's going smoothly, but I would want to add two clauses:

1. builders's insurance: imagine they break something, the structure collapses or a child falls in a trench (I'm being creative here): I would want their insurance to cover my costs. what do I ask for? public liability insurance? do I need them to provide a copy of their policy?

2. I heard that when a builder is paid to get rid of rubbish and is caught (potentially) fly-tipping, it is not the builder who pays the fine/is prosecuted, but the owner of the rubbish (me). what do I need in order to make sure that removal is done according to the law and I don't get in trouble?

thanks all

 

[^woody^]

You need to decide if the builder is insuring the incomplete works until handover or if your home insurer is. This is different to builders PL insurance for negligence.

Bear in mind if there are premiums to be paid based on your requirements, you will pay these one way or another. So see if it's worth you insuring the risks.

You should ask for copies of any insurances you insist on. These should state the type of cover, value per claim, dates of cover and the insurer.

Waste Transfer Notes for rubbish. Again costs of your requirements are just added to the quote or building costs. So don't think you get all your requests for free.

BTW, you are not automatically responsible if your stuff gets fly tipped. Your obligation is to take reasonable steps to ensure you employ competent contractors to deal with the waste.

 

[noseall]

I'm drafting a contract for my extension project

I can see busy builders running a mile from this one.

 

[biryani_boy]

I can see busy builders running a mile from this one.

No need, it’s based on a JCT template (industry standard). I’m just adding my own time frames, building specs and a few clauses around parking, using toilet/kitchen etc.

 

[noseall]

I’m just adding my own time frames, building specs and a few clauses around parking, using toilet/kitchen etc.

..It gets worse.

 

[biryani_boy]

You’re right, I should just tell the builder to build me… something.

 

[noseall]

You’re right, I should just tell the builder to build me… something.

Have you got a clipboard, a brightly coloured helmet and a high-viz jacket?

 

[^woody^]

A clause for using the toilet?

That's taking the phiss surely.

 

[biryani_boy]

Have you got a clipboard, a brightly coloured helmet and a high-viz jacket?

Yes. And safety boots. A measuring tape. Microscope.

A clause for using the toilet?

That's taking the phiss surely.

No, as in I’m giving them unlimited access to our toilet, kitchen, garage and driveway.

 

[Notch7]

hi all,

I'm drafting a contract for my extension project using a template I found online. everything's going smoothly, but I would want to add two clauses:

1. builders's insurance: imagine they break something, the structure collapses or a child falls in a trench (I'm being creative here): I would want their insurance to cover my costs. what do I ask for? public liability insurance? do I need them to provide a copy of their policy?

2. I heard that when a builder is paid to get rid of rubbish and is caught (potentially) fly-tipping, it is not the builder who pays the fine/is prosecuted, but the owner of the rubbish (me). what do I need in order to make sure that removal is done according to the law and I don't get in trouble?

thanks all

It is wise for home owners to take out all risk insurance to cover the construction period.

Its a given that you will ask for a copy of the builders PI, the complication is that the builders insurers will almost certainly expect all subbies to have their own insurance - and not all do.

I wouldn’t worry about waste, building contractors dont fly tip, they get skips.

Do you know enough about construction to write up a detailed schedule of works - it is usually something done by an architect when they put out works to tender or part of project management.

even with a contract and full schedule, it’s impossible to provide sufficient detail to avoid differing interpretation.

 

[mrrusty]

copy of the builders PI

which begs the question "who has design liability? builder or client? Is it a design and build contract?

 

[HERTS P&D]

Customer from Hell - warning!

Andy