What is the key difference in respect of commercial liability of an Employer managing such through a Z Clause as opposed to stating this risk within Contract data part 1 (applicable link to 60.1.(14) and 80.1). My specific focus is the influence of Clause 83 in their decision making.
To check that I understand your question:
You are asking what the difference in commercial liability of an Employer is in the following situations:
- Additional Employer’s risks are added to Contract Data Part 1
- Additional Employer’s risks are added to clause 80.1 by using a Z clause.
In my view there is no difference in liability - the Employer indemnifies the Contractor for events that are at the Employer’s risk. The fact that these risks are inserted into the contract by a different clause makes no difference.
I would also say that the last sentence of clause 80.1 is there so you don’t have to use a Z clause.
I hope this answers your question, but if not please don’t hesitate to get in touch.