Get Adobe Flash player
THIRD PARTY INSURANCE 23.1 Third Party Insurance Throughout the execution of the Works the Contractor shall, without limiting its obligations and responsibilities under Clause 22, insure in the joint names of the Employer and the Contractor for at least the amount stated in the Appendix to Tender against its liability for any death of or injury to any person (including any employee of the Employer) or any damage or loss to any property (including any property of the Employer) caused by or arising out of or in consequence of the execution of the Works other than due to the matters referred to in the exceptions to Clause 22.1. 23.2 Cross Liabilities clause The policies of insurance taken out under Clauses 21.1 and 23.1 shall contain a cross-liabilities clause indemnifying each of the jointly insured against claims made on it by the other jointly insured. 23.3 Professional Indemnity Insurance/Product Liability Insurance If and to the extent that the Contractor or any Sub-Contractor is responsible for providing designs for all or part of the Works the Contractor or (subject to the Engineer's prior consent) such Sub-Contractor shall take out and maintain professional indemnity insurance and/or product liability insurance covering the Contractor's design liability under the Contract without unusual or onerous conditions attached to it for the Works or part of the Works as set out in the Appendix to Tender and in the amount or amounts set out in the Appendix to Tender for any one claim with the number of claims unlimited for a period beginning no later than the Commencement Date and ending ten (10) years after the date of Completion stated in the Taking Over Certificate for the whole of the Works. If the Engineer provides its consent to one (1) or more Sub-Contractors taking out and maintaining such insurance in place of the Contractor, then such consent shall be subject to the Contractor obtaining from each Sub-Contractor and submitting to the Employer a signed Direct Agreement in the form set out in Annex 7. ACCIDENT OR INJURY TO WORKMEN 24.1 Accident or Injury to Workmen The Employer shall not be liable for or in respect of any damages or compensation payable in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any Sub-Contractor, save and except an accident or injury resulting from any act or default of the Employer, its employees, agents or servants. The Contractor shall indemnify and keep Copyright-Ministry of Works SFBldgEng09 36