The works
- Fire, storm and water
- Theft of materials
- Inherent defect and design fault
- Vandalism on the building site
As a subcontractor you are not a party to the project's CAR policy, unless someone has put you on it by name or by capacity.
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The main contractor takes out the project policy, but that policy protects first of all his own interest. Your position depends on a single line on the policy schedule: are subcontractors included as insured capacity, or has the insurer merely waived its right of recovery? Those are two different things and they have different outcomes.
If you are nowhere on the policy, the insurer pays the main contractor and then recovers from you as the party that caused the loss. Your own liability cover only partly absorbs that: damage to the item you were working on at the time falls under the care, custody and control clause.
What the project policy does not arrange for you in any variant is your own tools, your machinery and your site hut on the site. The same applies to your position as employer of the people you bring with you.
We compare your construction all risks (CAR) insurance across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
Construction all risks (CAR) insurance
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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.
Insurers weigh these details differently. That is where your saving is.
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
You call or email someone who knows your file. No menu options, no changing call centres.
We cancel your old policy and align the start date, so you are never a day without cover.
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Four points that make the difference between a policy that pays out and one that does not.
If you are co-insured, you have your own right to a payout and can report a claim yourself. If the insurer only waiver of recourse against subcontractors, you are protected against recovery but have no claim of your own: you remain dependent on the main contractor to report the claim and pass the money on. Ask which of the two is on the policy schedule, because the subcontract almost always says only that there is a CAR policy.
If you damage another party's work on the same site, that is put right out of the project policy and the bill then goes to you. The insurer steps into the rights of the main contractor, who holds you liable under Article 6:162 of the Dutch Civil Code. The main contractor is meanwhile liable towards the client for your mistakes under Article 6:171 DCC, so he has every reason to press that claim.
You remain the employer, even if the main contractor sets the programme and provides the site facilities. Article 7:658 of the Dutch Civil Code places the duty of care on you, and after an accident you have to show that you met it on a site you do not set up. So record which safety provisions the main contractor supplies and report any shortcomings in writing. Recovery from your own employee is virtually ruled out by Article 7:661 DCC.
The main contractor's CAR policy does not pay to put your own defective work right: rewelding, re-pouring or refitting is at your expense. Contractual penalties and reductions imposed on you for delay also fall outside it, as do your own tools, machinery and material on site. For the last of these you need your own plant or goods cover, with requirements about storage outside working hours.
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 Wet kwaliteitsborging (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.
This is what people ask us most.
Look for the list of insured parties. If it names the capacity of subcontractors or your company name, you are a co-insured. If it says only that the insurer waives recovery against subcontractors, you are protected against recovery alone. A verbal confirmation or a line in the subcontract is not evidence; ask for the policy schedule or a certificate of insurance.
That depends on how you work. If you regularly take on your own assignments or work for clients without a project policy, continuous CAR cover in your own name is sensible. If you work exclusively under main contractors who demonstrably insure you as well, liability cover with attention to the care, custody and control clause is often enough.
Set-off is only permitted where there is a due and payable claim against you, and that requires liability, not a suspicion. Dispute the account of events in writing and report the matter to your own insurer immediately; Article 7:941 of the Dutch Civil Code requires you to report as soon as you know of the claim. Do not admit liability before your insurer has assessed how the loss occurred.
You do, unless you have insured them yourself. Tools, small machines and material in your van or site hut are not part of the works and therefore fall outside section 1 of every CAR policy, even where you are a co-insured. For that you take out your own plant or tools cover, with conditions about storage and locking up outside working hours.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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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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