Works section
- Fire, storm and water
- Theft and vandalism
- Damage during lifting operations
- Storage of material in the street limited
Building between existing properties shifts the risk from the works itself to the surroundings. CAR insurance only covers that where the right sections and clauses have been arranged.
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A Construction all risks (CAR) insurance (Construction All Risks) covers damage to the works in progress, regardless of who caused it. On an inner-city project that is only half the story. The largest losses there are outside the hoarding: subsidence of an adjoining building, cracking from vibration, flooding from dewatering, or a facade struck by a crane movement.
That damage falls into two categories. If you damage property belonging to your client that you are working on, the existing property section comes into play. If you damage the property of a neighbour, that is liability, usually under Article 6:162 of the Dutch Civil Code and sometimes under Article 6:174 of the Dutch Civil Code for the owner of a building. That claim runs through the liability section of the CAR policy or through your AVB.
The pitfall is that damage caused by piling, excavation, sheet piling, dewatering and vibration is specifically limited or excluded on many policies. That is exactly the work an urban project starts with. Have that clause assessed before work begins and record the condition of the adjoining properties. See also the business CAR insurance.
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Get coveredThree parts determine whether damage to the surroundings of an inner-city site is covered.
The structure and the materials incorporated on a confined site.
Damage to buildings and installations next to and below the site.
The part of the building that stays standing while you work on it.
What is covered
| Situation | Basic | Extended |
|---|---|---|
| Damage to the works from storm or fire | Yes | Yes |
| Damage to the neighbours' facade from a lifting operation | Provided that | Yes |
| Cracking in an adjoining property from piling work | No | Provided that |
| Damage to a cable or pipe in the ground | No | Provided that |
| Lost turnover of a shop next to the site | No | No |
| Contractual penalty for late completion | No | No |
Whether vibration, dewatering and foundation damage is insured appears solely from the clauses on the policy schedule. These differ considerably by insurer and by project.
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.
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Four points that determine, when building in an inner-city setting, who pays for damage to the surroundings.
Damage to adjoining buildings caused by piling, sheet piling, excavation, wellpoint dewatering and vibration is excluded on many CAR policies or covered only with a separate clause and a lower limit. Insurers set requirements for this: a a pre-works survey of the adjoining properties by an expert, vibration monitoring during the work and sometimes standpipes for the groundwater level. Without those documents, when cracking appears it cannot be established what is old and what comes from your work, and that almost always counts against the contractor.
In the city, plant stands in the street, a crane swings over someone else's roof and pedestrians walk past the hoarding. Check whether the policy includes storage outside the site and what requirements apply to closing off and security: theft from an inadequately secured site is a usual exclusion. Also make sure that liability for injury to passers-by is covered; a loose plate or a falling object gives rise to a claim under Article 6:162 of the Dutch Civil Code up.
The following, among others, are outside the cover: pure financial loss such as lost turnover of surrounding shops through building nuisance, delay losses, penalties and lost profit, putting right your own defective work, damage caused by asbestos released during demolition work, and damage from war or nuclear reactions. Intent and recklessness fall under Article 7:952 of the Dutch Civil Code. Damage arising because a permit condition or a working instruction was deliberately ignored is also rejected.
A a pre-construction structural survey with photographs of the adjoining properties is, on urban work, not an extra cost but the file with which you fend off or substantiate a claim. Report a claim as soon as is reasonably possible (Article 7:941 of the Dutch Civil Code) and never admit liability to a neighbour yourself. What you declare on the application about the type of foundation, the construction method and the nature of the adjoining properties falls under Article 7:928 of the Dutch Civil Code; an incomplete picture can cost you the payout through Article 7:930 of the Dutch Civil Code.
This is what people ask us most.
Only through the liability cover, and only if you are liable. For damage caused by piling, vibrating or dewatering, a separate clause or an exclusion often applies. Have it assessed before work starts whether those risks are insured; on inner-city projects this is usually the most important point of the whole policy.
A pre-work survey is a structural inspection of the surrounding buildings before work starts, recorded with photographs and a report. Insurers often set it as a condition for vibration-sensitive work. Even without a policy obligation it is sensible: without a baseline survey, any crack next door is later difficult to attribute to another cause.
That follows from the specification or the building contract. Often the main contractor arranges the policy and the client and subcontractors are included as co-insured. On larger developments the client takes it out. Make sure there is one policy on which all the parties involved are named, otherwise the insurer can recover the loss from an uninsured party.
No. That is pure financial loss without physical damage to property, and it falls outside both the CAR policy and the usual liability cover. Only where there is physical damage, for example a damaged shopfront, can the consequential loss flowing from it come into play. Nuisance in itself is not an insurable risk.
Then the construction period on the policy has to be extended, and before the original period expires. Damage after the end of the insured period is not covered, even if the works is in full swing. On inner-city projects with permit procedures and agreements with the neighbourhood, overrunning is the rule rather than the exception; set a reminder for it.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We check the clauses on vibration, dewatering and adjoining properties.
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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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