A Health Care client has suffered costs during the construction because use contractor failed to temporarily waterproof a roof and it has flooded part of the hospital (outside the works area). Under what clauses can the Employer claim back their direct costs?
Jeremy you need to check with a solicitor whether clause 81.1 and 83.1 encompasses these risks, it states:-
81.1 From the starting date until the Defects Certificate has been issued, the risks
which are not carried by the Employer are carried by the Contractor.
83.1 Each Party indemnifies the other against claims, proceedings, compensation
and costs due to an event which is at his risk.
The insurance table under clause 84.2 also outline the following risk which seem to fit your case but would require you to notify whoever is providing the insurance:-
“Liability for loss of or damage to property (except the works, Plant and Materials and Equipment) and liability for bodily injury to or death of a person (not an employee of the Contractor) caused by activity in connection with this contract”