Designed 2 Deliver Case Study
· Employer is a Property Management Company engaged in the development of a retail park.
· Insured is the D & C contractor for an extension to an existing car park.
· Insured appointed a structural engineer and a building contractor, both of whom carry PI insurance but, contractually, the insured remains ultimately liable to the Employer.
· Insured received a phone call from their own project manager on a Friday before a Bank Holiday weekend.
· The upper tiers of the car park appear to be suffering from a severe cracking that has only been noticeable within the last 48 hours but is getting progressively worse.
· The Property Management Company has taken the decision to close the entire car park until the extension can be made safe, and also not to open any of the retail outlets during the bank holiday weekend.
· Remedial work is required immediately to make the car park safe and usable.
· Normally the contractor would have to give written notice to insurers, await their consent, leaving the building closed and the client unhappy.
FOR A D2D CONTRACTOR:
Despite being a bank holiday and the retail centre’s busiest weekend of the year, the cover available under D2D meant that the insured were able to respond rapidly to keep the centre open, avoid costs and litigation and most of all, retain their reputation with the client.