隐藏的雷区：缺陷条款解密.pdf

1、SPONSORAFTERNOON COFFEEThe Hidden Minefield:Defect Clauses DecodedMark Errington|KennedysNathan McLellan|Liberty Specialty MarketsThe hidden minefield:Defect clauses decodedMark Errington,Kennedys Nathan McLellan,Liberty Specialty MarketsMarch 20254Agenda History and purpose Snapshot and comparison

2、Challenges old and new Practical solutions to common issuesHistory and purpose6History and purpose Historically,construction risks were covered by Property-style policies:Required accidental damage/external cause(usually named perils)Losses from defects were excluded a“business risk”for contractors

3、Over time,specific construction policies emerged:Contract All Risks:Building and civil engineering Erection All Risks:Assembly/erection of plant,machinery and equipment7History and purpose Progressively,insurers agreed to exclude defects but cover resultant damage 1980s:The DE clauses for CAR polici

4、es 5 variations providing progressively wider cover 1990s:The LEG clauses for EAR policies 3 variations,again providing progressively wider cover Currently,the DE and LEG clauses appear interchangeably in CAR and EAR policies Does this matter?Snapshot:the DE clauses9Snapshot:the DE clausesVariantInt

5、ended effectDE1Excludes all loss or damage“due to”defective design,plan,specification,materials or workmanshipDE2Excludes loss of or damage to,and the costs necessary to repair:a.defective property or any part thereof b.property that relies on such defective property for supportExcludes“access costs

6、”Non-defective property is covered for resultant damage due to defects10Snapshot:the DE clausesVariantIntended effectDE3Excludes loss of or damage to,and costs necessary to repair,defective property or any part thereof and“access costs”Non-defective property is covered for resultant damage due to de