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What is Non-Negligence Insurance?

Non-Negligence Insurance, also known as Party Wall Insurance or JCT 6.5.1, gives property owners protection against damage to any property which is not caused by contractor negligence. This cover will typically be required by an employer under JCT clause 6.5.1.

Why do you need Non-Negligence Insurance?

Things go wrong.  Typically it is when the contractor is negligent, be it poor workmanship, defective materials or faulty equipment. However, sometimes negligence cannot be proven and it is when this outcome arises that non-negligence insurance steps in and protects you where your contractor’s public liability policy cannot. When you are undertaking construction works near the party wall, there is always a risk that damage can be caused to the adjoining or nearby property. If you are underpinning or piling close to another structure then there is undoubtedly an increased risk.

What is actually covered by this insurance?

The risk covered are very specific and are actually named in the JCT Contract as:-

  • Collapse
  • Subsidence
  • Heave
  • Vibration
  • Weakening or removal of support
  • Lowering of ground water

How do I take out a Non-Negligence Insurance policy?

The cover is arranged in the joint names of the Contractor and the Employer. The policy can be purchased on a standalone basis or your contractor can have it endorsed by their insurer onto their contractor’s annual policy.

Key Exclusions

Typical exclusions from non-negligent insurance policies include:

  • Damage or loss resulting from contractor’s negligence (insured under Contractor’s Public Liability policy)
  • Damage or loss resulting from the design of the works (falls under Designer’s Professional Indemnity policy)
  • Unavoidable minor damage as a result of the works (uninsurable risk)