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Answered in 4 hours by:
5/1/2010
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
VerifiedHi. I am the only Victorian lawyer on this service. I will do my best on this, but I have no direct knowledge of this policy. You are saying the policy is in both names and somewhere in this policy it says that the builder does not himself, or itself, indemnify the owner if the owner is responsible for a claim? I'll just try and clarify some things before we proceed further.
Ok, I think that makes it a bit easier. I think the clause in the building contract is designed to help you and to state what is probably obvious anyway - that one person is not responsible for the negligence (or whatever) of another.
I don't know what this clause (6.5) goes on to say, but I suspect that it doesn't advance matters much.
What is important is that appropriate public liability insurance is taken out. The reason for it being necessary to take it out in both names is to ensure that you both are properly protected. In a past life (not so long ago) I was involved for many years in plaintiff personal injuries litigation. Often it is difficult to determine who is responsible for an injury. This is a silly example probably, but if the owner brought some timber to a building site, for whatever reason, and a passer-by got injured as a result of some dangerous feature of the timber, it might be difficult to know whether it is the builder or the owner who is responsible; or, I might make a claim against the builder, and the builder tells me it was the owner who put it there, so I then go on the bring the owner into the equation. If there is any doubt in these circumstances the plaintiff's solicitor will sue both owner and builder, and let the insurers work it out (or in this case with one insurer, it just simplifies matters.
So, getting back to the your question, the owner would be covered by the insurance, because it is in his name and is taken out to protect him against his personal liability claims.
You can ask the insurer about this; they will tell you that you will both be appropriately covered. I don't know what the contract says about payment of the premium, because the owner gets a benefit from it.
I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
I don't know what this clause (6.5) goes on to say, but I suspect that it doesn't advance matters much.
What is important is that appropriate public liability insurance is taken out. The reason for it being necessary to take it out in both names is to ensure that you both are properly protected. In a past life (not so long ago) I was involved for many years in plaintiff personal injuries litigation. Often it is difficult to determine who is responsible for an injury. This is a silly example probably, but if the owner brought some timber to a building site, for whatever reason, and a passer-by got injured as a result of some dangerous feature of the timber, it might be difficult to know whether it is the builder or the owner who is responsible; or, I might make a claim against the builder, and the builder tells me it was the owner who put it there, so I then go on the bring the owner into the equation. If there is any doubt in these circumstances the plaintiff's solicitor will sue both owner and builder, and let the insurers work it out (or in this case with one insurer, it just simplifies matters.
So, getting back to the your question, the owner would be covered by the insurance, because it is in his name and is taken out to protect him against his personal liability claims.
You can ask the insurer about this; they will tell you that you will both be appropriately covered. I don't know what the contract says about payment of the premium, because the owner gets a benefit from it.
I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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