Professional Indemnity Insurance does not automatically cover every obligation accepted under a Town Planning contract. The insurance implications should be considered before agreeing to unusual liability provisions.

Which clauses can create concern? #

Examples include:

• Broad indemnities.
• Fitness-for-purpose obligations.
• Guarantees of approval or other outcomes.
• Unlimited liability.
• Responsibility for matters outside the Town Planner’s control.
• Liability for other consultants.
• Unusual warranties.
• Departures from proportionate liability where applicable.

A contract can impose greater responsibility than the Town Planner would otherwise have at law. That additional contractual liability may not be fully insured.

What insurance requirements should be checked? #

Review the required Professional Indemnity limit, other policy types, how long cover must be maintained and whether the requested insurance is commercially available.

A Certificate of Currency confirms limited policy details. It does not establish that every service, indemnity or contractual obligation is insured.

Can Webber Insurance review the contract? #

Webber Insurance can provide a high-level review of the insurance requirements and identify provisions that may affect placement or coverage.

We do not provide legal advice. Where the agreement requires legal interpretation, negotiation or amendment, we can arrange referral for a more detailed contractual insurance review.