The Employer is contemplating a Takeover of the the building ahead of Completion with the exception of three areas. Access for the Contractor will still be required in the whole building. Whilst the Employer assumes a risk of the loss, wear and damage of the parts of the works they have taken over (Cl 80) does this remove the obligation of the Contractor to insure against loss of or damage to property, bodily injury to or death of a person and employees as well as provide Principal Contractor duties under CDM?
An example of a particular scenario; Should an Employer’s Subcontractor carrying out work in areas taken over, act in a way that harms or injures others say the employee of one of our own subcontractors, who carries the liability?
Is a change to the Contract (Deed of Variation) to introduce a Sectional Completion under an existing X5 clause a cleaner way of delineating responsibilities?