Civil Engineering Reference
In-Depth Information
and/or goods purchased prior to their delivery to site under a separate contract for
their purchase in terms of clause 4.17. A similar provision to clause 2.24 is contained
in clause 2.21 of the SBC/DB.
The Contractor is, in terms of clause 6.1, liable for and obliged to indemnify the
Employer against any 'expense, liability, loss, claim or proceedings whatsoever' in
respectofpersonalinjurytoorthedeathofanypersonarisingoutoforinthecourse
of or caused by the carrying out of the Works. his is except to the extent this is due to
anyactorneglectoftheEmployeroranyoftheEmployer'sPersonsoranyStatutory
Undertaker.
Under clause 6.2, the Contractor has a similar liability and similar indemnity obli-
gations in respect of any loss, injury or damage to any property to the extent this is due
to any negligence, breach of statutory duty, omission or default of the Contractor or
of any of the Contractor's Persons. This liability and indemnity in respect of property
does not, in terms of clause 6.3.1, include the Works, work executed and/or Site Mate-
rials up to and including whichever is the earlier of the date of issue of the Practical
Completion Certificate or the date of termination of the Contractor's employment.
There is also an exclusion of this liability and indemnity where Insurance Option C
applies and where loss or damage to any property required to be insured under that
Insurance Option is caused by a Specified Peril. Similar provisions are contained in
clauses 6.1, 6.2 and 6.3 of the SBC/DB.
Notwithstanding these indemnity provisions, the Contractor has obligations
related to insurance for personal injury and property damage, the Works and, where
there is a Contractor's Designed Portion, professional indemnity insurance. There
are also obligations related to obtaining Terrorism Cover. The insurance obligations
are considered separately in Chapter 14.
5.6.2 The NEC3 provisions
The NEC3 clause 83.1 requires each party to indemnify the other against claims,
proceedings, compensation and costs due to an event which is at his risk. his is
a reference back to the Employer's risks provisions in clause 80.1 referred to in
Section 5.5.4.
Where there is more than one cause contributing to the claims, proceedings, com-
pensation and costs, clause 83.2 provides that the liability of each party to indemnify
the other is reduced. This reduction is in proportion to the extent of the contribu-
tion of the other party's risk event and takes into account each party's responsibilities
under the contract.
5.7 The Joint Fire Code
5.7.1 The SBC and the SBC/DB provisions
In terms of the SBC, where the Contract Particulars state that the Joint Fire Code
applies, clause 6.15 gives all parties an obligation to comply with it. The Contractor
