Claim against my Builders' Professional Indemnity Insurance

rs65

Was it actually an adjudication under the Scheme for Constructions Contracts (HGCR Act)?

infoseeker2014

rs65 wrote: »

Was it actually an adjudication under the Scheme for Constructions Contracts (HGCR Act)?

No, not under HGCR, simply as a binding contractual agreement under the FMB's code of conduct, i.e. we had to agree to ADR in the first instance. Obviously, this could later be challenged in court, but both parties had agreed to abide by the Adjudicator's decision.
Regards

rs65

Have a look at section 2.1

http://www.zurich.co.uk/internet/home/sitecollectiondocuments/mid-market/policies/zcyx786sc.09-pi%20design%20and%20construction%20policy%20(01.15).pdf

(can't get the link to work but google zurich design and construct pi policy wording and you'll find it)

It is HGCR adjudication it covers - and has very tight notification requirements.

I really don't think your issues (poor quality, lack of activity, heavily front-loaded payments, etc) would be covered under a PI policy. I think you need legal advice on ways to enforce the adjudication decision but you may just end up as one of many creditors.

dacouch

Who is your home insurance through and what was the total value of the contract

infoseeker2014

Rs65 - I think you are right if this is the wording from my builder's policy (I am yet to see the detail)! Probably is this, knowing my luck. I really do not hold out much hope and think that spending more money on pursuing this would not be that intelligent.
Cheers

infoseeker2014

dacouch wrote: »

Who is your home insurance through and what was the total value of the contract

NFU
£102k
Cheers.

dacouch

infoseeker2014 wrote: »

NFU
£102k
Cheers.

Yes unfortunately it has a £5k any one contract limit, which is a shame

infoseeker2014

dacouch wrote: »

Yes unfortunately it has a £5k any one contract limit, which is a shame

Does a builder even get out of bed for £5k?

rs65

infoseeker2014 wrote: »

I really do not hold out much hope and think that spending more money on pursuing this would not be that intelligent.

For £60k I wouldn't be giving up easy. Personally I would spend a bit on legal advice.

dauphin

rs65 wrote: »

Have a look at section 2.1

http://www.zurich.co.uk/internet/home/sitecollectiondocuments/mid-market/policies/zcyx786sc.09-pi%20design%20and%20construction%20policy%20(01.15).pdf

(can't get the link to work but google zurich design and construct pi policy wording and you'll find it)

It is HGCR adjudication it covers - and has very tight notification requirements.

I really don't think your issues (poor quality, lack of activity, heavily front-loaded payments, etc) would be covered under a PI policy. I think you need legal advice on ways to enforce the adjudication decision but you may just end up as one of many creditors.

Although it might have been easier if the claim could have been brought within the terms of section 2.1, that section is additional to the indemnity provided by the main part of section 2 (i.e, the first bit which essentially affords cover in respect of negligent acts, errors or omissions).

That part of the cover might still apply, although I agree that at least some of the issues mentioned by the OP do not sound like allegations of negligence. Without full details it is impossible to take a view.

I would certainly second the suggestion to obtain proper legal advice in view of the amount involved.