The works
- Fire, storm and water
- Theft of materials
- Inherent defect and design fault
- Vandalism on the building site
On a renovation you open up a building that simply stays in use: the weather, the users and the old materials determine the damage pattern here.
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Renovating means working on something that is already there and that goes on functioning. Offices stay staffed, shops stay open, homes stay occupied. As a result your work runs not only along the structure but also along the user's day-to-day operations, and that user is a third party towards whom you can be liable under Article 6:162 of the Dutch Civil Code.
The second characteristic is the open state of the building. A roof that has been removed, a facade without cladding or a services duct lying open turns the building for days into a partly enclosed construction site. Rain, wind and frost then come in at places where they should never reach, and that damage affects the existing part, not your works.
The third characteristic is the age of what you find. Asbestos, outdated wiring, weakened joists and degraded concrete change the job as soon as they appear, and the costs of that are rarely insured.
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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.
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Four points that make the difference between a policy that pays out and one that does not.
Dust nuisance, a leak coming down through a ceiling, a blocked escape route or a loss of heating affects not the building but the user's business. That loss falls under the liability section and not under the works section, and consequential loss such as lost turnover is often limited or excluded there. Draw up a working plan with the user in advance covering access, dust separation and working hours, and record the arrangements in writing.
On a claim for water ingress the first question is how the roof or facade was sealed at the end of the working day and whether the weather forecast was consulted. Insurers exclude damage resulting from inadequate temporary provisions, and they treat damp penetrating slowly as a gradual effect rather than a sudden event. So photograph the sealing every evening and keep the weather forecast with the job file.
If asbestos is found in a building from before 1994, work stops until a survey and removal have been carried out. Removal costs, the stoppage and the delay that follows fall outside CAR cover. Have a survey carried out before you start and record in the contract who bears the costs if something turns up after all. Without that agreement it becomes a discussion with the client, not with an insurer.
Wear, corrosion and ageing of the existing building are not damage but the condition in which you found it. Putting your own defective work right stays at your expense. Where worn parts are replaced, the insurer may apply a new-for-old deduction under Article 7:960 of the Dutch Civil Code, because you must not be better off as a result. Soil contamination that comes to light during excavation or demolition also falls 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 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.
That depends on the temporary provision. If the roof was temporarily made watertight as required and a storm passed over anyway, that is a sudden event and usually covered under the existing property section. If there was no sealing or it was inadequate, the insurer regards it as a foreseeable consequence of your method of working and the claim is rejected.
Only if you are liable and the policy includes pure financial loss, which is by no means always the case. Damage to his property falls under the liability section; lost turnover without physical damage often does not. So make arrangements in advance about nuisance and access, and record what has been agreed about opening hours and access.
Yes. On renovation work virtually every dispute is about whether a crack or a stain was already there. Photograph with a date, per facade area and per adjoining room, including ceilings and floors where scaffolding anchors pass through. In a building that stays in use, have the survey signed off by the user. Without that record you carry the burden of proof.
Only if you comply with the precautions required. For torching, hot-air work or soldering on an existing building, insurers generally require combustible material to be cleared away, extinguishers within reach and a check afterwards. If you work without those measures, the insurer can rely on gross fault within the meaning of Article 7:952 of the Dutch Civil Code.
Every situation is different. For these situations we have a separate page.
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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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