The works
- Fire, storm and water
- Theft of materials
- Inherent defect and design fault
- Vandalism on the building site
On a renovation you demolish first and build afterwards: every opening, penetration and drill hole affects a building that belongs to someone else.
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Renovation differs from new build in that you start by taking things away. A load-bearing wall out, a floor opened up, an opening through an upper floor, pipework rerouted. In that phase the building temporarily carries loads differently from anything the Structural engineer intended, and the consequences appear not in your works but in the existing shell.
In legal terms that shell is not part of your assignment. It does not fall under the works section, and on your liability Insurance it falls under the care, custody and control clause, because you had the property in your charge. Only the existing property belonging to the client section fills that gap, with a sum insured of its own that you have to set yourself.
That amount is the most common mistake. It should match the value of the building you are working in, not the size of the works; where there is underinsurance, a claim is paid proportionately reduced.
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Get coveredThe structure of the cover in three parts, with an overview per situation below.
Damage to the works themselves during construction or installation.
Damage to property and persons of third parties on and around the works.
What comes into play alongside the works themselves.
What is covered
| Situation | Works section | Liability section |
|---|---|---|
| Storm or water damage to the works in progress | Yes | No |
| Theft of materials from the building site | Sometimes | No |
| Damage to an adjoining building | No | Yes |
| Injury to a bystander | No | Yes |
| The client's existing property | Sometimes | Sometimes |
| Repair of your own defective work | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the Insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what Execution only means for you.
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Four points that make the difference between a policy that pays out and one that does not.
An opening in a load-bearing wall calls for a structural calculation, for props or temporary support and for a sequence in which the load is taken over before anything is removed. If cracks then appear on the floor above or next door, the first question is which calculation there was and whether it was followed. Keep the calculation, the demolition plan and photographs of the temporary support in the project file.
For a house from the 1960s there are no reliable Service drawings. A drill hole in a floor hits underfloor heating. A chase in a wall hits a gas pipe or a circuit that is still live. The immediate repair is small. The consequential damage from water coming down a floor below is not. Scan beforehand, isolate at the meter and record what you find before you start breaking out.
The existing property section has a sum assured of its own and that is not a formality. Anyone renovating a bathroom in a building with flats above can affect the whole building in a fire or a large water loss. Take as your starting point the rebuild value of the object you are working in, or at least the part you could reasonably damage. If it is set too low, the payout is reduced proportionally.
The existing property section usually relates to the building and not to your client's moveable property: furniture, equipment and stock are not automatically covered under it. Redoing your own defective work is at your expense, as are reductions or penalties for overrunning the completion date. Contamination that comes to light when old floors or pipework are demolished also stays outside the policy.
If you work in or on an existing building, that building is not your works but the property of the client. Damage to it does not fall under section 1 and, on your AVB, falls under the care, custody and control exclusion. The section existing property fills that gap, and with conversions, renovations and installation work that is not an edge Case but the core of the risk.
After handover there is often a maintenance period during which you remain liable for defects that arose during construction. Agree that period explicitly and have it stated on the policy. Under the Quality Assurance Act (the Dutch Building Quality Assurance Act) this carries more weight: Article 7:758(4) of the Dutch Civil Code places the burden of proof for hidden defects on the contractor.
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Repairing the pipe itself falls under the existing property section, provided that is insured. The consequential damage, so the soaked ceiling, the floor and the paintwork, falls under it as well, or under the liability section if it affects a third party. Report immediately, limit the damage and photograph the spot before anything is cleared up, including the section of pipe you drilled into.
Take as your basis the rebuild value of the building or the part of it that your work could damage, and not your contract sum. Where you work in a flat, take into account that fire or water can affect the whole building. Ask the client for the rebuild value from their buildings policy and record the amount chosen in the building contract.
Report it to your insurer and admit nothing before the circumstances have been assessed. Liability follows from Article 6:162 of the Dutch Civil Code and requires the cracks to be attributable to your work. A dated pre-work survey of the adjoining home is decisive here: without that record, virtually every existing defect is put down to the building work.
Usually not. The existing property section relates to the building; furniture, equipment, stock and machinery are moveable property and do not automatically fall under it. Agree that the client removes or covers those items and that they inform their own home contents or Business contents insurer about the work. Record that agreement in writing before you start.
Every situation is different. For these situations we have a separate page.
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This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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