(Правовое руководство по составлению строительных контрактов)
It is desirable for the parties, and particularly for the purchaser, to obtain advice regarding insurance from specialists in the field of insurance of industrial works projects. The works contract need normally deal only with those types of insurance which it is desirable for a party expressly to be obligated to provide (paragraphs 1 to 4).
It is advisable for the contract to require property insurance and liability insurance, and to specify the risks which are to be insured against, the party who is obligated to obtain the insurance, the parties and other entities who are to be named as insured parties, the minimum amount of insurance, the applicable deductible or excess, and the period of time to be covered by the insurance (paragraphs 5 to 15).
It is advisable for the contract to require property insurance against loss of or damage to the works during construction, the completed works, temporary structures and structures ancillary to the works (paragraphs 16 to 23), and equipment and materials to be incorporated in the works (paragraphs 24 to 26).
Where the contractor is to bear the risk of loss of or damage to the entire works during construction and after completion, it may be desirable for the contract to obligate the contractor to obtain property insurance covering the entire works and to keep it in force. Where several contractors are engaged to construct the works, and no single contractor bears the risk of loss of or damage to the entire works, the parties may wish to consider whether it is desirable for each contractor to obtain insurance covering the portion of the works and structures covered by his construction (paragraph 18). It is normally desirable for both the contractor and the purchaser to be named as insured parties (paragraph 19).
Different approaches may be adopted with respect to the risks required by the contract to be covered by property insurance (paragraphs 20 and 21). The parties should consider the nature of the losses to be compensated by the insurance and the amount of insurance to be required (paragraphs 22 and 23).
With respect to insurance covering equipment and materials to be incorporated in the works, the contract might provide for those items to be insured under a cargo policy from the point of shipment to delivery at the site, and after delivery by property insurance as previously discussed. Alternatively, it may be desirable in some cases for a single insurance policy to insure them for the entire period from the time of shipment to the time of incorporation in the works (paragraphs 24 to 26).
In some cases, it may be desirable for the contractor to be obligated to obtain insurance covering machinery and tools used by him for the construction, including hired machinery and tools (paragraph 27).
It is desirable for the contract to obligate the contractor to insure against his extra-contractual liability for loss, damage, or injury caused in connection with his performance of the contract, including acts or omissions of his employees, subcontractors and suppliers, as well as his liability under indemnities which he assumes under the contract (paragraphs 28 to 37).
It may be desirable for the contract to require the contractor also to provide specific types of liability insurance, such as products liability insurance (paragraph 29), professional indemnity insurance (paragraph 30), insurance against liabilities arising from the operation of vehicles (paragraph 31), and insurance to compensate employees for work-related injuries (paragraphs 32 to 35). The contract might require liability insurance to be in effect prior to the time when he or any subcontractor commences construction on the site and might cover loss, damage or injury occurring throughout the construction phase and the guarantee period (paragraph 36).
It is advisable for the contract to obligate the contractor to produce to the purchaser specified types of proof that insurance which the contractor is obligated to obtain is in effect, or instruct his insurer to provide such proof directly to the purchaser. Similar obligations might be imposed upon the purchaser in respect of insurance required to be obtained by him (paragraph 38). The parties may wish to consider provisions to deal with the situation where the obligated party fails to obtain or keep in force any insurance which he is required to provide (paragraphs 39 to 41).