2022-06-04（256）Engineering law and the ICE Contracts

EXCEPTED RISKS

(3) The “Excepted Risks” are riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power8 ionising radiations or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds9 or a cause due to use or occupation by the Employer his agents servants or other contractors (not being employed by the Contractor) of any part of the Permanent Works10 or to fault defect error or omission in the design of the Works11 (other than a design provided by the Contractor pursuant to his obligations under the Contract)

For detailed notes see p. 96.

INSURANCE OF WORKS, ETC.

21. Without limiting his obligations and responsibilities under Clause 20 the Contractor shall insure in the joint names of the Employer and the Contractor:

(a) the Permanent Works and the Temporary Works (including for the purposes of this Clause any unfixed materials or other things delivered to the Site for incorporation1 therein) to their full value;2

(b) the Constructional Plant to its full value; against all loss or damage from whatever cause arising (other than the Excepted Risks) for which he is responsible under the terms of the Contract and in such manner that the Employer and Contractor are covered for the period stipulated in Clause 20 (1)3 and are also covered for loss or damage arising during the Period of Maintenance from such cause occurring prior to the commencement of the Period of Maintenance and for any loss or damage occasioned by the Contractor in the course of any operation carried out by him for the purpose of complying with his obligations under Clauses 49 and 50.4

Provided that without limiting his obligations and responsibilities as aforesaid nothing in this Clause contained shall render the Contractor liable to insure against the necessity for the repair or reconstruction of any work constructed with materials and workmanship not in accordance with the requirements of the Contract unless the Bill of Quantities shall provide a special item for this insurance.

Such insurances shall be effected with an insurer and in terms approved by the Employer (which approval shall not be unreasonably withheld)5 and the Contractor shall whenever required produce to the Employer the policy or policies of insurance and the receipts for payment of the current premiums.

For detailed notes see p. 103.