NEC3 ECC: Clause 80.1 - Employer's Risks: Claims etc as unavoidable result of the works

We have recently completed a scheme whereby contiguous piled wall was installed to support an existing building. The homeowner has now submitted a Third Party Claim form to the Employer citing damage to the property as a result of these works including hairline cracking to recently decorated walls.

The Employer’s loss adjuster has passed this claim onto the Contractor, who has in turn written back to advise that he believes this is an Employer Risk under Cl 80.1 as it results from the “use or occupation of the Site by the works or for the purpose of the works which is the unavoidable results of the works”. The method of construction was a recognized industry standard to minimize vibration. How does this relate to Cl 84.2 and item 3 in the Insurance Table where the Contractor insures against liability for loss of or damage to property?

1 Like

Clause 83 Indemnity is relevant to this, whereby the Contractor presumably believes that it is an inevitable result of doing the work as per the Employer’s Works Information and therefore all the liability falls upon the Employer.

Consequently, the Contractor believes that it is not a claim on the Contractor’s insurance.