Why is Insurance Paramount in the Construction Arena"

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1 Why is Insurance Paramount in the Construction Arena" 4th EPMIF AN EIMS PRESENTATION Cas Hansa March 2009

2 Synopsis A A 'thumbnail' view of the scope of a typical Contractor's All Risks (projects works) insurance policy. Key project-works risk parameters will be discussed and contextualised for both the Fidic and NEC contract formats. A 'tour' of the recently developed Eskom Insurance internet/website - a knowledge centre - of the project-works insurance programmes for Dx, Tx and Gx will be presented. The presentation will conclude with the necessary steps to follow in the event of loss or damage experiences on site.

3 Introduction to Contractor s All Risk (CAR) Insurance Source: The Council on Tall Buildings and Urban Habitat

4 Projects Insurable under a Contractor s All Risk Policy Bridges

5 Projects Insurable under a Contractor s All Risk Policy Tunnels

6 Projects Insurable under Contractors All Risk Policy Pipeline construction

7 Projects Insurable under a Contractor s All Risk Policy Paper Mill

8 Projects Insurable under Contractor s All Risk Policy Source: Vestas.com Wind Turbines

9 Projects Insurable under a Contractor s All Risk Policy Source: Samsung Electronics Co., South Korea Semiconductor Plants

10 Projects Insurable under a Contractor s All Risk Policy Source: Siemens.com Gas Turbine Power Plant

11 Projects Insurable under a Contractor s All Risk Policy Complete Thermal Power Plants

12 Projects Insurable under a Contractor s All Risk Policy Chemical Plants

13 Exposures Accidental Damage to the Works and to Third Party Property (the Municipal main/pipe and the neighbour s property Contractor accidentally burst water main

14 Exposures Third Party Liability damage to Building and Boundary Wall

15 Exposures: Acts of God Mr Noah, don t you think the prophesies of a global climate change are a bit exaggerated?

16 Exposures SASRIA damage to Sports Facility

17 Exposures Concrete spillage damage to Rolls Royce (Third Party Prpty)

18 Exposures Concrete spillage damage to Rolls Royce (Third Party Prpty)

19 Exposures Note: The (CAR) Works policy does NOT cover consequential loss such as loss of profits, penalties, time delays, loss of income, etc. However, if legally liable the TPL Section of the CAR Policy will respond to loss or damage caused to Third Party Property, eg negligent, accidental damage to a Power Cable Consequential Loss vs a TPL Deterioration of Stock Loss

20 Exposures Theft of Materials

21 Exposures Theft of Materials

22 Exposures Fire Damage to Equipment [or SASRIA damage?]

23 Projects Insurable under a Contractor s All Risk Policy Works; Surrounding Property; Employer s Property; Third Party Liability; Equipment.

24 KEY INSURANCE ISSUE: EXCLUSION OF DEFECTIVE DESIGN: PERIOD! INSURERS PAY ESKOM FOR CONSEQUENTIAL MATERIAL DAMAGES (WORKS FREE OF DEFECT) BUT MAINTAIN RIGHTS TO RECOVER FROM DEFAULTING PROFESSIONAL DESIGN TEAM. ESKOM ON THE OTHER HAND IS CONTRACTUALLY OBLIGED TO LIMIT THEIR LIABILITY WITH THE PROFESSIONAL DESIGN TEAM. AND EVEN IF ESKOM FORCED UNLIMITED INDEMNITY, THE EXHORBITANT COST FOR THE PROFESSIONAL DESIGN TEAM S PROFESSIONAL INDEMNITY INSURANCES WILL BE PASSED BACK TO ESKOM. SITUATION UNTENABLE: DISCUSSIONS UNFOLDING.

25 KEY INSURANCE ISSUE: EXCLUSION OF (ORIGINAL EQUIPMENT MANUFACTURE OEM) DEFECTIVE MATERIAL AND WORKMANSHIP OUTSIDE OF THE WORK AREAS: INSURERS PAY ESKOM FOR CONSEQUENTIAL MATERIAL DAMAGES BUT MAINTAIN RIGHTS TO RECOVER FROM THE OEM. BUT, ESKOM BEING CONTRACTUALLY OBLIGED TO LIMIT THEIR LIABILITY WITH THE PROCUREMENT/SUPPLIER/CONTRACTOR AND EVEN IF ESKOM FORCED UNLIMITED INDEMNITY, THE EXHORBITANT COSTS FOR THE OEM S PRODUCT LIABILITY INSURANCES WILL BE PASSED BACK TO ESKOM. SITUATION UNTENABLE: DISCUSSIONS UNFOLDING.

26 NEC CONTEXT: Risk > Indemnity > Limits of Liability > Insurance [Refer Typical NEC ECC3 (Eskom) Contractual Wording]

27 FIDIC CONTEXT: Risk > Indemnity > Limits of Liability > Insurance [Refer Typical Fidic (Eskom) Contractual Wording]

28 Internet Repository Format A Policies and Procedures: [Generally Tx Projects and all Projects < than R350million] Format A Project Works (Annual Contractor's All Risks) Master Insurance Policy SASRIA Master Policy Format A Marine Insurance Policy Marine Policies and Procedures Format A Works Insurances Guidance Schedule

29 Internet Repository Cont d. Similarly, Format B Policies and Procedures: [Generally Gx Projects and Complex -Projects > than R350million] Similarly, Format Dx Policies and Procedures: [Generally all Dx Projects unless declared otherwise by EIMS] Similarly, Format Engineering Construction Short Contract (ECSC3) Policies and Procedures.

30 Internet Repository Cont d. Format B/Dx/ECSC3 Project Works (Annual Contractor's All Risks) Master Insurance Policy SASRIA Master Policy Format B/Dx/ECSC3 Marine Insurance Policy Marine Policies and Procedures Format B/Dx/ECSC3 Works Insurances Guidance Schedule

31 Internet Repository Cont d. Claims Handling Policies and Procedures: General Claims-Handling Flowchart Marine-Specific Claims Handling Procedures Works Damage Claim Form Third Party Liability Claim Form SASRIA Claim Form

32 Internet Repository Cont d. Professional Services Contract Guidance Notes Contract Works Engineering Insurance Training Manual Marine Insurance Training Manual General Insurance Guidance Notes Eskom Insurance Management Services (EIMS) Contact Details

33 Internet Repository Cont d. Claims Handling Process Chart

34 34 JOH-ESK JvW-P2 Thank You

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