Chapter 17: Insurance

STANDARDISATION OF PF2 CONTRACTS PROVISION

SOURCE OF CHANGE WHERE RELEVANT

EXPLANATION OF HOW PROVISION HAS CHANGED THE SoPC4 POSITION

Chapter 17: Insurance

 

 

Section 17.1.4 (Introduction)

Policy

Allows the possibility , in particular cases, for the Authority itself to cover some risks by way of indemnity rather than require the Contractor to insure them in the market.

Section 17.1.6 (Introduction)

Policy

Notes that the usual required insurance should always be taken out in the construction phase, but allows for Authority Indemnity as an alternative for material damage and business interruption cover during the service phase, for projects with particular risk characteristics where it offers VfM. Any Authority wishing to pursue this must prepare a business case and seek approval from HMT.

Section 17.1.8 (Introduction)

Policy

During the service period the risk of insurance premiums change can, as under SoPC4, be shared but this Chapter now allows the Authority to choose the amount of the "nil change" band (of Contractor risk); the Authority must specify the nil-change band (of increase and decrease of premium where the Contractor takes the risk in full) in the tender documentation This band must be an amount equal to between 5% and 30% (previously it was 30% only) of the original insurance premium. As before, any increase above or reduction below the nil -change band is to be shared 15% by Contractor and 85% by Authority. See Section 17.8.5 below.

Section 17.2.9 (Authority's Requirements) and Section 17.11 (Standard Required Insurance Schedule)

 

This points to the need for an Insurance Schedule. In SoPC4 suitable drafting for the Schedule was provided. This is no longer provided. Reference can be made to the SoPC4 Insurance Schedule ,however part of the detail of this may be out of date and Authorities should accordingly seek their own specialist insurance advice.

Clause 17.2(a) (Insurance)

Market up-date

Specifies the need for the required insurances for the build phase to be in place before building or demolition starts.

Clause 17.6 (a) (Economic Test)

Market up-date

Specifies that the test applies to those destroyed Assets which are buildings and equipment on a site and not all Assets.

Section 17.8.5 (Insurance Premium Risk Sharing Schedule)

 

See comment on Section 17.1.8 above.

Section 17.8.15 (Insurance premium Risk Sharing Schedule)

Market up-date

Definition of Insurance Cost Differential amended to remove the plus/minus sign before PIC as built into the definition of PIC. See amended definition of Project Insurance Change (PIC).