Contracts can impose insurance obligations that go beyond the Quantity Surveyor’s existing policy.

These requirements should ideally be reviewed before the contract is signed.

What insurance clauses should I check? #

Common requirements can include:

• Professional Indemnity Insurance.
• Public Liability Insurance.
• Minimum limits of cover.
• How long Professional Indemnity Insurance must be maintained.
• Whether subcontractors must hold insurance.
• Requirements to provide Certificates of Currency.
• Specific policy extensions or endorsements.

Professional consultancy contracts commonly contain specific fields or clauses for required PI and Public Liability limits.

Does meeting the insurance clause mean all contractual liability is covered? #

No.

A Certificate of Currency confirms that a policy exists at a point in time. It does not confirm that every contractual obligation or liability is covered by that policy.

Some contracts can create liabilities that go beyond what an insurer would ordinarily cover.

What contractual clauses can create issues? #

Particular attention may be needed where a contract contains:

• Broad indemnities.
• Fitness for purpose obligations.
• Guarantees of outcomes.
• Liability for parties outside the insured’s control.
• Contractual assumptions of liability.
• High or unlimited liability caps.
• Insurance requirements that exceed available market limits.

Insurance and contractual liability are related but separate issues.

Webber Insurance can comment on insurance requirements in a contract, but legal advice should be obtained where interpretation or amendment of contractual terms is required.