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CONSTRUCTION ALL RISKS CLAUSES
（
2009 Version
）
GENERAL PROVISION
Article
1.
The
Insurance
Contract
incorporates
the
Insurance
Clauses,
Proposal,
Policy,
Endorsements
(if
any).
Any
agreement
related
to
the
Insurance
Contract
shall
be
in
written
form.
SECTION I -- MATERIAL DAMAGE
SUBJECT MATTER INSURED
Article 2
The property and costs which are related to the construction contract and situated in
the specified worksite, are insured hereby, provided being itemized and listed in the Policy.
Article 3
The following property or costs shall not be insured by this Policy, unless otherwise
specifically agreed between the Insurer and the Insured
and
with
sum
insured
stated
in
this
Policy:
3.1 Construction plants, machinery and equipments;
3.2 The property belonging to the Insured which exists or is formed within or in the vicinity of
the worksite before the commencement of the contract works insured;
3.3 The property or any part of it which has been put into commercial use or taken over or
actually occupied by the Employer or the property or any part of it for which a certificate
of completion has
been issued or which has
been
accepted
by
the
representative
of
the
Employer after the Contractor formally proposes works acceptance before the expiry date
of this Policy;
3.4
Debris
removal
costs,
which
means
necessary
and
reasonable
costs
and/or
expenses
1
incurred by the Insured to remove and dispose of debris at the worksite for the purpose of
repairing
the
insured
property
after
an
event
giving
rise
to
identifiable
loss
or
damage
under this Section.
Article 4
The following items and articles are not insured by this Policy:
4.1 Documents, books, drawings, technical data, computer software, computer data, and other
property of which the value could not be appraised;
4.2
Portable
communication
devices,
portable
computer
devices,
portable
photographic
camera equipment and other portable devices or equipment;
4.3 Land, seabed, mineral, water, animals, plants, trees and growing crops;
4.4 Vehicles, ships or aircraft licensed for general transport use or covered by other insurance;
4.5 Illegal or dangerous buildings or structures, or illegally occupied property.
SCOPE OF COVER
Article 5
Subject to the terms, exclusions, conditions and provisions contained in the Policy
or
endorsed
thereon,
the
Insurer
shall
indemnify
the
Insured
for
the
physical
loss
of
or
damage to the property insured (physical loss or damage being hereinafter termed Damage)
during the period of insurance within the specified worksite arising from any Natural Hazard
or Accident other than those specifically excluded in this Policy.
Article 6
Subject to the terms, exclusions, conditions and provisions contained in the Policy
or endorsed thereon, the Insurer shall also indemnify the Insured for the following costs and/or
expenses incurred in consequence of the Damage caused by event
insured by this Policy as
stated in Article 5 during the period of insurance:
6.1 costs and/or expenses necessarily and reasonably incurred by the Insured for preventing or
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mitigating the Damage of subject matter insured after an event insured hereby;
6.2
other
related
costs
and/or
expenses
specified
in
this
Policy
in
respect
of
the
above-
mentioned loss or damage.
EXCLUSIONS
Article 7
The Insurer shall not be liable for:
7.1 loss of or damage to property insured and/or any part thereof or any costs and/or
expenses resulting from faulty design;
7.2
loss
of
or
damage
to
property
insured
itself
and/or
any
costs
and/or
expenses
resulting
from
wear
and
tear,
inherent
or
latent
defect,
change
in
substance,
spontaneous
combustion,
natural
heating,
oxidation,
rust
and
corrosion,
leakage,
mice, insects or vermin, change in atmosphere (climatic or temperature) conditions,
change in normal water level or any other progressively operating cause;
7.3
loss
of
or
damage
to
the
property
insured
itself
due
to
defective
material
or
bad
workmanship and expenses incurred to replace, repair or rectify such fault, defect,
error, or omission;
7.4 loss of or damage to the mechanical or electrical devices insured themselves unless
due to external forces; loss of or damage to the construction plants machinery and
equipments
or
mechanical
devices
themselves
due
to
breakdown
or
derangement
thereof.
Article 8 The Insurer shall not be liable for:
8.1 costs and/or expenses incurred for normal maintenance or overhaul;
8.2 loss of or damage to files, documents, account books, bills, cash, securities, drawings,
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data and packing materials;
8.3 shortage discovered at the time of taking an inventory;
8.4 loss of or damage to vehicles, ships or aircraft licensed for general transport use or
having been covered by any other insurance;
8.5 unless otherwise agreed, loss of or damage to the property belonging to the Insured
which
exists
or
is
formed
within
or
in
the
vicinity
of
the
worksite
before
the
commencement of the contract works;
8.6
unless
otherwise
agreed,
loss
of
or
damage
to
the
property
insured
or
any
part
thereof for which
a certificate of completion has been issued or which
have been
tested and accepted or actually occupied or put into service or taken over by the
Employer before the expiry date of this Policy.
SUM INSURED AND DEDUCTIBLE
Article 9
9.1 The sum insured of this Policy shall not be less than:
9.1.1
For
contract
works
--
the
full
value
exposed
at
the
completion
of
the
contract
works
including
costs
and/
expenses
of
materials,
equipments,
construction
and
erection,
freight
and
premium,
customs
duty,
any
other
taxes
and
expenses,
including
any
free
issue
material
and
equipments
which
are
to
be
incorporated
therein.
9.1.2
For
other
Items
Insured
--
the
sums
agreed
upon
between
the
Insured
and
the
Insurer.
9.2 If the sum insured is based on the estimated value stated in the construction contract, the
Applicant and/or Insured shall:
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9.2.1 notify the Insurer in writing as soon as practical if the contract value including all
costs and expenses under this Policy exceeds the original insured contract value
due
to
rise
in
price
or
appreciation,
and
the
Insurer
shall
then
adjust
the
sum
insured accordingly;
9.2.2 keep a precise record in writing on the particulars of the contract works concerned
during the period of insurance and allow the Insurer to inspect and examine such
record at any reasonable time;
9.2.3 declare to the Insurer the actual amount spent in the contract works by the time of
declaration
as
well
as
updated
estimate
contract
value
at
an
interval
of
every
twelve
(12)
months
from
the
inception
date
of
this
Policy,
if
the
construction
period of the insured project
is
longer than thirty-six (36) months, the Insurer
shall adjust the premium accordingly;
9.2.4 provide the Insurer with the actual final contract value within three (3) months
after
the
expiry
date
of
the
Policy,
and
the
premium
shall
be
adjusted
accordingly.
Article 10
The
deductible shall be agreed upon between the Applicant and the Insurer when
entering into the insurance contract and be specified in this Policy.
LOSS SETTLEMENT
Article 11
The Insurer may, at his own option, indemnify the insured in respect of loss of or
damage
to
the
property
insured
either
by
way
of
payment
in
cash
or
by
way
of
repair
or
replacement of the items lost or damaged.
Nevertheless the extra costs and/or expenses of
any
alterations,
additions
or
improvements
occurring
in
the
course
of
repair
or
replacement carried out by the Insured shall not be recoverable under this Policy.
Article 12
In case of any loss or damage recoverable under this Policy, the Insurer shall
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ascertain the loss amount on the following basis:
12.1
In
cases
where
damage
which
can
be
repaired,
the
Insurer
shall
indemnify
the
costs
incurred necessarily to repair or to restore the damaged property to its nearest condition
immediately before the occurrence of loss or damage after deducting the salvage value
specified in Article 46. If, however, the costs of repair equal or exceed the actual value
of
the
damaged
property
immediately
before
the
occurrence
of
loss
or
damage,
the
settlement shall be made on the basis provided for in Article 12.2;
12.2 In the event of a total or constructive total loss, the Insurer shall pay the actual value of
the
insured
property
immediately
before
the
occurrence
of
the
loss
or
damage,
after
deducting the salvage value as reached in Article 46.
Article 13
For the loss of or damage to the insured property recoverable under this Policy, the
amount of indemnity shall be ascertained on the following basis:
13.1 If the sum insured is equivalent to or higher than the amount required to be insured , the
amount of indemnity shall be the actual loss sustained but in no case shall the maximum
liability of the Insurer exceed the amount required to be insured.
13.2
If
the
sum
insured
is
less
than
the
amount
required
to
be
insured,
the
amount
of
indemnity shall be such a proportion of the actual loss as the sum insured bears to the
amount required to be insured, but in no case shall the maximum liability of the Insurer
exceed the sum insured.
Article 14
The amount of indemnity for any one accident is the amount as reached in Article
13 after deduction of the deductible for any one accident, or the amount as reached in Article
13 after deduction of the amount multiplying the deductible ratio.
Any loss of or damage to the property insured arising during any one period of seventy-two
(72)
consecutive
hours,
caused
by
storm,
typhoon,
flood
or
other
continuous
occurrence
of
natural
hazards
shall
be
deemed
as
a
single
event
and
constitute
one
loss
occurrence,
6
deducting
the
deductible
(ratio)
for
one
time
in
the
settlement
of
any
claim.
The
commencement of any such seventy-two (72) hour period can be decided at the discretion of
the Insured. However, there shall be no overlapping in any two or more such seventy-two (72)
hour periods in the event of damage occurring over several continuous seventy-two (72) hour
periods.
Article 15
If the property insured specified in this Policy has more than one item, the Insurer
shall calculate the amount of indemnity item by item and the liability of the Insurer in respect
of
each
item
shall
not
exceed
its
insured
amount
specified
in
this
Policy
nor
the
limit
of
indemnity as specified in the Special Provisions or Endorsements where applicable. But in no
case
shall
the
maximum
liability
of
the
Insurer
in
respect
of
material
damage
under
this
section exceed the total sum insured specified in this Policy.
Article 16
If the sum insured is equivalent to or greater than the amount required to be insured,
the
Insurer
shall
pay
the
Insured
in
respect
of
the
necessary
and
reasonable
costs
and/or
expenses incurred for the purpose of preventing or diminishing imminent damage to property
insured caused by peril insured against by this Policy, in which case, the amount of such sue
and
labor
expenses
shall
be
calculated
separately
from
the
amount
of
indemnity
for
the
Damage of the property insured, subject to the limit of the amount required to be insured of
the rescued property.
If
the
sum
insured
is
less
than
the
amount
required
to
be
insured,
the
payment
of
the
aforementioned sue and labor expenses shall be such proportion of the actual expenses as the
sum insured of the rescued property insured bears to its amount required to be insured, and
calculated separately from the amount of indemnity for the Damage of the property insured,
subject to the limit of the sum insured of the rescued property insured.
In the case that uninsured items are included in the rescued property, the Insurer shall only pay
for the proportion of the sue and labor expenses as the amount required to be insured for the
rescued property insured bears to the total value of the rescued property.
Article 17
In the event of a partial loss, upon settlement of the claim by the Insurer, the sum
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insured of this Policy shall be correspondingly reduced from the date of Damage, and no
premium shall be refunded by the Insurer for so reduced. If reinstatement of the sum insured is
required by the Applicant upon settlement of the claim, an additional premium for the
reinstated amount shall be charged on pro rata daily basis from the date of requirement by the
Applicant to the expiry date of this Policy.
SECTION II -- THIRD PARTY LIABILITY
SCOPE OF COVER
Article 18
Subject to the terms, exclusions, conditions and provisions contained in the Policy
or endorsed thereon, the Insurer shall indemnify the Insured in respect of any sums which the
Insured shall become legally liable to pay as damages as a result of
18.1 accidental death of or bodily injury to or illness of third parties, or
18.2 accidental loss of or damage to property belonging to third parties
caused
by
an
accident
occurring
in
direct
connection
with
the
performance
of
the
contract works insured and happening on or in the immediate vicinity of the worksite
during the period of insurance.
Article 19
Subject to the terms, exclusions, conditions and provisions contained in the Policy
or endorsed thereon, the Insurer shall also indemnify the Insured in respect of arbitration or
litigation costs or other necessary and reasonable costs (hereinafter called Legal Cost), which
are
payable
by
the
Insured
legally
or
by
arbitration
arising
from
an
event
insured
by
this
Policy subject to prior written consent of the Insurer.
EXCLUSIONS
Article 20
The Insurer shall not be liable for:
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20.1 any loss of or damage to any property, land or building caused by vibration or by
removal
or
weakening
of
support,
and
bodily
injury
to
any
person
or
material
damage to property occasioned by or resulting from any such loss or damage;
20.2 any accident caused by vehicles, ships or aircrafts licensed for general transport
use;
Article 21 The following shall be excluded from the cover provided by this section:
21.1 any loss or damage and expenses covered or required to be covered under Section
I of this insurance contract;
21.2 death of or bodily injury to or illness of the Employer(s) or the Contractor(s) or
any other related party(ies) or their employees or workmen engaged in connection
with the contract works on the site, or members of their families.
21.3 any loss of or damage to property belonging to or held in care, custody or control
of the Employer(s) or the Contractor(s) or any other party(ies) concerned or the
employees or workmen of one of the aforesaid
21.4 any contractual liability assumed by the Insured, unless such legal liability would
have been attached to the Insured in the absent of such contract.
LIMIT OF INDEMNITY AND DEDUCTIBLE
Article 22
The Limit of Indemnity includes the limit of indemnity for any one accident, the
limit of indemnity for bodily injury per person, the aggregate limit
of indemnity, which are
agreed upon between the Applicant and the Insurer and specified in this Policy.
Article
23
deductible
shall
be
agreed
upon
between
the
Applicant
and
the
Insurer
when
9
entering into the insurance contract and be specified in this is Policy.
LOSS SETTLEMENT
Article 24
The Insurer shall ascertain the amount of indemnity on the following basis:
24.1 Negotiations between the Insured and the Claimant, and with prior confirmation of the
Insurer;
24.2 Arbitrament by the Arbitrator;
24.3 Judgement by the People’s Court
;
24.4 Other means approved by the Insurer.
Article 25
For losses identifiable within the period of insurance, the amount of indemnity is
calculated on following basis:
25.1 For any one accident, the Insurer shall indemnify the Insured up to the limit of indemnity
for
any
one
accident,
in
which
the
indemnity
for
bodily
injury
per
person
shall
not
exceed the limit for bodily injury specified in this Policy.
25.2.1
The
Insurer
shall,
subject
to
Article
25.1,
indemnify
the
Insured
after
deducting
the
deductible for any one accident specified in this Policy. Nevertheless the deductible is
not applicable to liability arising from bodily injury.
25.2.2
The
Insurer
shall,
subject
to
Article
25.1,
indemnify
the
Insured
after
deducting
the
amount
as
calculated
by
the
deductible
ratio
for
any
one
accident
specified
in
this
Policy.
Nevertheless
the
deductible
is
not
applicable
to
liability
arising
from
bodily
injury.
25.3 The aggregate amount of indemnity for series of incidents shall not exceed the aggregate
10
limit of indemnity specified in this Policy.
Article 26
the Insurer shall indemnify the Insured for legal costs arising from the accident as
agreed in this Policy in addition to the amount calculated in accordance with Article 25.
Article 27
The Insurer can make payment directly to the third party suffering loss or damage
caused by the Insured, subject to relevant laws or regulations, or agreement in this Policy.
In case the Insured shall become legally liable to pay as damages to the third party, the Insurer
shall, at the claim of the Insured, indemnify the third party directly. The third party is entitled
to request the Insurer directly for the indemnity he deserves when the Insured fails to claim in
a timely manner. The Insurer shall not
make payment to
the
Insured unless the Insured has
indemnified the third party suffering loss or damage caused by the Insured.
SECTION III -- CONDITIONS APPLICABLE TO ALL SECTIONS
EXCLUSIONS
Article 28 The Insurer shall not indemnify the Insured in respect of any loss, damage,
liability or expenses resulting from or aggravated by:
28.1
war,
warlike
operation,
hostilities,
armed
conflicts,
terrorism,
conspiracy
insurrection, coup d’etat;
28.2
governmental or judicial actions
；
28.3 strike, riot, civil commotion;
28.4 willful act or gross negligence of the Insured or his representative;
28.5
nuclear
fission,
nuclear
fusion,
nuclear
weapon,
nuclear
material,
nuclear
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radiation,
nuclear
explosion,
nuclear
contamination
and
other
radioactive
contamination;
28.6 pollution of any kind including atmosphere, land and water pollutions.
Article
29
The
Insurer
shall
not
indemnify
the
Insured
in
respect
of
following
loss,
damage or expenses resulting from or aggravated by:
29.1 cessation of work whether total or partial;
29.2 consequential loss of any kind or description whatsoever including penalties, losses
due to delay or loss of contract;
29.3.1 the deductibles stated in this Policy to be borne by the Insured;
29.3.2 the deductibles calculated by the deductible ratio stated in this Policy.
PERIOD OF INSURANCE
Article 30
The period of insurance of this Policy shall follow the agreement stated below:
30.1 The liability of the Insurer shall begin notwithstanding any date to the contrary specified
in this Policy, directly upon commencement of the physical work or after the unloading
of
the
insured
materials
or
equipments
on
the
worksite
and
shall
expire
immediately
after a certificate of completion has been issued for part or whole of the insured project
or
part
or
whole
of
the
insured
project
have
been
tested
after
completion
or
actually
occupied or put into commercial use or taken over by the Employer, whichever is the
earlier. In no case shall the effective date be earlier or the expiry date be later than the
period of insurance specified in this Policy.
30.2 Notwithstanding anything to the contrary stated in the contract concerned, the Insurer
shall
be
liable
only
for
the
loss,
damage,
expenses
and/or
liabilities
caused
by
the
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