INDEX. bonded contract, 289 insureds, 243. misrepresentation, 291 obtaining, 242

Transcription

1 INDEX B non-conforming tender, 284 boiler and machinery insurance, performance bond 241 default by the obligee, 288 coverage, 243 failure to notify, 289 definition of the accident, 245 material variation of the exclusions, 251 bonded contract, 289 insureds, 243 misrepresentation, 291 obtaining, 242 no default by principal, 288 overlapping coverage, property other defences, 291 coverage, 252 performance bonds, 285 bonds as a non-insurance risk potential grounds of denial, 284 transfer mechanism, 279 performance bond claim, 288 bid bonds, 283 subrogation, 282 bond wordings, 281 surety bonds, 281 electronic commerce legislation, builder s risk policies, all risk, 99 error on the face of bid, 284 cause of loss, 102 labour and material payment bonds, 292 coverage provided, 96 CCDC Form, 294 covered property, 96 labour and material payment exclusions, 107 bond claim faulty or improper design and form of notice, 295 workmanship, 108 other defences, 302 exclusion pay-when-paid clause, 298 damages, 140 potential grounds of denial, earth movement, inherent vice, 131 subrogation, 302 latent defect, 135 timing of notice, 296 leakage of water, 139 types, 293 mechanical breakdown,

2 builder s risk policies (cont d) cash allowances, 35 resultant damage exception, contingency allowance, holdbacks, 36 sue and labour clause, 154 professional liability insurance, terrorism and other 25 governmental action, 139 professional services agreements, exclusion in the United States, 24, project delivery method, 25 foreseeability standard, 114 administration of the contract, negligence standard, prima facie standard, 111 construction manager at risk, state-of-the-art standard, insureds, 96 construction manager not at physical loss or damage, 104 risk, 27 responsibility for obtaining contract price, 31 coverage, 92 definition of contract documents, 30 C description of the parties and construction contract, 23 the work, 30 Canadian Construction design-bid-build, 25 Documents Committee, 24 design-build, 25 changes in the work, 38 design-build-operate-maintain, Committee of Canadian 26 Architectural Councils, 24 engineer procure and construct, default, designer, 25 execution of the work, 34 dispute resolution, 40 general structure of a engineers, 24 construction contract, 30 Association of Consulting insurance and contract Engineers of Canada, 24 security, 31 indemnification, 41 project financing methods, 28 limitation of liability, 41 Royal Architectural Institute of liquidated damages, 40 Canada, 24 Ontario Architects Association, standard form construction, waiver of claims, 41 payment procedures, 35 warranty,

3 construction insurance, 81 surety bond, loss, 7 types surety bonds, 7 aircraft, 87 construction risk, 11 automobile, 87 Building Information Modelling, builder s risk policies, Commercial General Liability Computer Assisted Design and (CGL) Policy, 83 Drafting, 12 Controlled Insurance construction contracts Programs, 88 types of risk, default insurance, 86 accuracy, 20 delayed completion, 87 availability of permits, 21 equipment policies, 85 changes in law, 20 force majeure, 87 claims for changes in the insurance work, 16 equipment, 88 collateral representations, 20 liquidated damages, 87 cost overruns, 15 political risk, 88 damage to the work and pollution insurance, 85 injury, 21 professional liability policies, delayed events, insolvency and cash-flow, riggers liability insurance, watercraft, 87 insurable risk, 21 construction project late completion, 15 construction pyramid, 3-4 latent defects, 17 contract, 3 liens, 19 warranty, 8 long tail claims, 17 customized insurance policy, 6 performance guarantees, 21 insurance, 1 third party claims, 18 insurance companies, 8 unanticipated conditions, 20 legislation, 9 uninsurable risk, 21 Insurance Bureau of Canada, 5 damage, physical, 13 insurance claim, 1 design errors, 11, 13 liability policies, 1 due diligence, preliminary, 11 loss or damage, 4 insolvency, 13 multiple participants, 2 transferring risk,

4 contractor s equipment claims-made policies, 63 insurance, 256 conditions and warranties, 48 coverage, 256 coverage, third party, 59 exclusions, 261 coverage triggers, 65 chemicals, 266 declarations, 47 fumes, 266 definitions, 47 vapour, 266 endorsements, 49 insureds, 256 exclusions, 48 obtaining, 256 first party coverage, 59 D fortuity, 51 default insurance, 305 foundational principles, 49 coverage, 305 insureds difference between CGL Policy additional, 60 and default insurance, 314 named, 60 difference between default insuring agreement, 47 insurance and surety bonds, 310 joint and several insured, 60 case law, 312 occurrence-based policies, 63 completing the work, 311 principle of indemnity, 50 deductibles, 313 principle of subrogation, 68 indemnity obligations and obligations of the insured, 69 subrogation rights, 310 policy limits, 313 rights of the insurer, 70 protection of contractor vs. subrogation against an insured, protection of owner, renewal and cancellation, 312 waiver of subrogation, 73 timing of payment, 311 principles of policy interpretation, 74 two-party vs. three-party relationship, 310 contra proferentem, 76 underwriting process, 311 coverage provisions, 75 insureds, 308 exclusion clauses, 75 obtaining, 306 reasonable expectations of the parties, 78 I schedules, 49 insurance policy, 45 structure, 46 burden of proof, 67 utmost good faith,

5 L real property, 193 liability policies, 159 subcontractors, 193 Commercial General Liability watercraft, 191 insurance, 159 worker s compensation, 191 bodily injury, 169 legal obligation to pay, 165 construction defects, 176 obtaining insurance liability, coverage, coverage issues, 188 occurrence, 184 Progressive Homes, 188 damages caused by an occurrence, 182 property damage, 169 defective workmanship, 184 property of third party, 171 exclusions, 188 who is insured, 162 aircraft, 191 history of liability insurance, 160 automobiles, 191 M contractual liability, 189 making claims under a policy of damage to impaired insurance, 347 property, 202 alternative dispute resolution, damage to product, damage to property, 191 arbitration, 354 damage to work, 196 certainty and finality of result, duty to defend, employment-related liability, mediation, procedural fairness, 353 expected or intended injury, dispute resolution, duty to defend, 352 incorrectly performed work identifying claim, 347 on real property, 193 insurer other relevant exclusions, handling a claim, investigation, 351 personal property, 192 responding to a notice letter, professional services, property limitation periods, 351 occupy, 192 methodology for making a claim, own, rent, 192 notice,

6 making claims under a policy of remediation stop loss policies, insurance (cont d) 277 form, 350 professional liability insurance, timing, proof of loss, 350 agreement, 218 statutory provisions, relief from damages, 219 forfeiture, 350 amounts recoverable, 233 when claim arises, 347 errors, 223 material misrepresentation and exclusions, 235 fraud, 337 advice application for insurance, 338 bonds, 238 changes material to the risk, 342 insurance, 238 claims, 343 suretyship, 238 fraud, 344 aggravated damages, 236 P cost estimates, 236 pollution insurance, 265 exemplary damages, 236 bodily injury, 268 express guarantees, 236 exclusions in Commercial express warranties, 236 General Liability policies, 266 failure to provide prompt express pollution coverage, 275 services, 238 injury, personal and advertising, faulty workmanship, government agency, fines and liability for pollution in penalties, 239 construction industry, 273 infringement errors, 238 toxic and hazardous substances insolvency, 238 and materials, 274 intentional or dishonest property damage, 268 conduct, 235 types of pollution policies liability assumed under available, 275 contract, 237 clean-up cost cap policy, 277 liquidated damages, 236 contractors pollution liability, performance of services 276 outside of professional s environmental consultant s expertise, 238 liability, 277 pollution liability, 237 pollution legal liability, 276 punitive damages,

7 professional liability certificates of insurance, 327 insurance (cont d) claims process, 327 exclusions, insured v. insured, failing to obtain coverage, 236 damages payable, 334 insureds, 215 notification of loss, 327 legal obligation to pay, 234 placing coverage, 324 limitation of liability clauses, quantification of loss, standard of care, 328 notice, 231 advising insured in making a obtaining, 210 claim, 333 omissions, 223 imposed, 328 policy limits, 234 placing adequate coverage, 328 professional negligence, 223 transmitting information, 332 standard of care, 224 R role of insurance agents and brokers, 321 application process,

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