REMEDY ON CONTRACTOR’S FAILURE TO INSURE
25. If the Contractor shall fail upon request to produce to the Employer satisfactory evidence1 that there is in force the insurance referred to in Clauses 21 and 23 or any other insurance which he may be required to effect under the terms of the Contract then and in any such case the Employer may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor.2
For detailed notes see p. 108.
General Commentary cls. 20–25:
The above clauses 20–25 settle liability as between the contractor and employer for various risks incidental to the works and provide for insurance:
(a) For damage to the works themselves, etc., while they are being built, e.g. by fire or flood—dealt with in the notes to cls. 20 and 21.
(b) For damage to other property or injury to persons.
(c) For injury to employees.
Liability under (b) may be for:
1. TRESPASS (see cl. 22 (1) (b) (ii) and (iii)), e.g. by entering even by mistake on land or buildings or beneath or in the air space above land in possession of another without his consent, and it is not necessary for the other party to prove that he has been caused any actual loss. It is also a trespass to place any object in contact with land or buildings:
Injunction granted to stop a jobber storing building material against a boundary wall which belonged to his neighbour.
2. NUISANCE, ETC.—ch. 15.
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