Indemnity and insurance for JCT Design and Build

Under clauses 6.1 and 6.2, the contractor will indemnify the employer against any expense, liability, loss, claim or proceedings arising from personal injury or death unless the employer is at fault and against any injury or damage to property resulting from the negligence, breach of statutory duty, omission or default of the contractor.

To cover this type of loss the contractor will take out appropriate employer's liability and public liability insurance policy.

Insurance of the works

The required type of insurance of the works is to be outlined in the contract particulars (clause 6.7) by selecting one of Options A, B or C. The requirements for each option are set out in Schedule 3 of the contract.

Professional indemnity

Details of the professional indemnity insurance to be maintained by the contractor are set out in the contract particulars.

The obligation to maintain such insurance under clause 6.15 and 16 (2016 version)  only applies where a level of indemnity has been inserted into the contract particulars. It is therefore essential that this is completed.