I work for a main contractor and am looking for clarity on a few things in regard to the insurances as mentioned in the NEC3 ECSS.
The subcontract data states - “The contractor provides this insurance - Only enter details here if the Contractor is to provide insurance”
Is the above asking for full details of all insurances provided by the contractor in regards to the works? Public liability, employers liability etc. If these insurances are provided do these take place of those that would be provided by the subcontractor? So if the contractor provides them the subcontractor does not?
My colleagues insist that we only have to provide public liability under this item. Is that correct?
The insurances needed by the subcontractor only appear to be those required to cover against the third and fourth items stated in the insurance table. Are these two all that is required from the subcontractor?
The third and fourth items in the insurance table are as follows
Third - “The subcontractor’s liability for loss of or damage to property (except the subcontract works, plant and materials and equipment) and for bodily injury to or death of a person (not an employee of the subcontractor) arising from or in connection with the subcontractor’s providing the works.”
Fourth - “Liability for death of or bodily injury to employees of the subcontractor arising out of and in the course of their employment in connection with this contract”
My wider commercial team insists that the third item in the insurance table is employers liability and that the fourth item is contractors all risk and they insert this into the ECS.
I believe this is incorrect and that the third refers to public liability and the fourth refers to employers liability.
Any clarity on the above would be much appreciated.