For the inexperienced client that is a positive starting point but the structure and the language are also refreshingly simple to follow, being the contract specifically designed for use by home owners. However, the Minor Works contract is in fact quite a sophisticated document and, although intended for smaller projects domestic or otherwise, can be used on larger ones provided that the project requirements are relatively straightforward. It carries more weight and authority than HO09, a clear example of this being the damages provisions for late completion which are incorporated into MW Programme Both HO09 and MW11 only allow for a start and completion date and there is no specific requirement in both to produce a programme although there is nothing to prevent such a requirement being included in the specification. Furthermore, both contracts do not allow for either commencement or completion in contractually binding phases, so if this is required, the Intermediate Building Contract may be more suited rather than amending the contracts. In reality where works are undertaken in an occupied property some phasing will be necessary for the employer to use or occupy part of the works during the time that the contractor is on site.

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Insurance Options There are no insurance options to choose from in this contract, however the insurance requirements are as follows:- The customer must tell the household insurers that work is to be done at the premises. The contractor must have a public liability policy which covers death or injury to people and damage to property arising from the building work. JCT 5. Which option should I choose? This will depend on the project, however if there is an existing structure clause 5.

This is because this covers both elements of existing property and new works under a comprehensive all risks policy with one insurer, which will ensure a smooth claims experience as two different insurers do not need to be involved. Using this clause 5. This means that in the instance of a disagreement, change or financial failure of the main builder or contractor, the full project value existing structure and money invested in the works is fully protected at all times.

In addition clause 5. Note that any insurance policy put in place by a Contractor would expire should they cease trading or walk away from the job. Insurance for new builds where there is no existing structure to insure If the works being undertaken are a new build then JCT clause 5. The JCT MW contract does not specify who is to provide or pay for the insurance policy needed to cover the works, however for all the reasons mentioned above the best solution is always for the Employer to provide the insurance.

Equally if the builder changes between different stages of the renovation project the work that has been completed will not be insured by anyone. A final note of caution if you are thinking of relying on the contractors insurance cover; if there is a claim then it is the contractor who must submit this to insurers and it is the contractor who is entitled to any payout.

If the contractor is in liquidation then the claims money would go into the creditors pot and only a proportion of what is left would be paid to you after all other liabilities have been met.

Should JCT insurance Clause 5. This clause should only be used if there is a good reason to do so — the other clauses should be flexible enough to cater most projects. The main reason this clause might be used is in cases where the existing structure is not insurable. For example work on an ancient monument or a building that is structurally unsound or exposed to the elements might make it impossible to insure the existing structure. If this clause is used the best position is for the Employer to insure both elements structure and works to ensure the most comprehensive cover.

The clause details are the same as above e. How can I make an enquiry? Call us on and speak to a trained advisor to guide you through the form. Insurance Options The following options are available to choose from in the contract; Option A requires the Contractor to take out and maintain all risks insurance of the works; Option B requires the Employer to take out and maintain all risks insurance of the works; and Option C requires the Employer to take out and maintain a insurance in respect of the existing structures and their contents and b all risks insurance of the works.

What insurance option should I choose? Much like the minor works contract, there are clauses in place for both new build and works on existing structures. Options A and B are suited towards new build projects. For the same reasons that the JCT clause 5. Option C is almost identical to 5. Which Insurance option should I choose? The insurance options for this contract are fairly much identical to the Intermediate contract and as such should be treated in the same manner.

Options A and B are suited towards new builds. Option B should be chosen given that this puts the Employer in control. Option C is the only option available if there is already an existing structure in place. Insurance Options.


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