Are the limits of the insurance and the limits of any deductibles appropriate? Does the contract impose an obligation upon the contractor to comply with the terms of all insurance policies? Are there provisions in the contract entitling the employer to inspect the contractor's insurances on an ongoing basis, to receive evidence that premiums have been paid, to approve the identity of the insurers and the terms of the insurance and to take out insurance at the contractor's costs in the event that the contractor is in breach of his insurance obligations? Does the contract provide for business interruption insurance covering the loss of production due to delay caused by force majeure or employer's risks, or to top up the liquidated damages payable by the contractor for delay? Is there provision in the contract for the contractor to take out defects liability insurance? Does the contract provide that insurance shall not operate as an exclusion of liability for the contractor? L. Intellectual property/documents What licenses of intellectual property is the contractor obliged to provide in respect of the development? If the contractor is not responsible for all intellectual property licenses required to build and operate the development, what other licenses are required and are these provided for in other project documents? Does the contract provide for the contractor to indemnify the employer against any claims brought by third parties for infringement of intellectual property rights? What is the contractor's liability in respect of successful third party claims for infringement of intellectual property? Is it limited to the payment of damages or
Are the limits of the insurance and the limits of any deductibles appropriate? Does the contract impose an obligation upon the contractor to comply with the terms of all insurance policies? Are there provisions in the contract entitling the employer to inspect the contractor's insurances on an ongoing basis, to receive evidence that premiums have been paid, to approve the identity of the insurers and the terms of the insurance and to take out insurance at the contractor's costs in the event that the contractor is in breach of his insurance obligations? Does the contract provide for business interruption insurance covering the loss of production due to delay caused by force majeure or employer's risks, or to top up the liquidated damages payable by the contractor for delay? Is there provision in the contract for the contractor to take out defects liability insurance? Does the contract provide that insurance shall not operate as an exclusion of liability for the contractor? L. Intellectual property/documents What licenses of intellectual property is the contractor obliged to provide in respect of the development? If the contractor is not responsible for all intellectual property licenses required to build and operate the development, what other licenses are required and are these provided for in other project documents? Does the contract provide for the contractor to indemnify the employer against any claims brought by third parties for infringement of intellectual property rights? What is the contractor's liability in respect of successful third party claims for infringement of intellectual property? Is it limited to the payment of damages or
construction_contracts_checklist_en.docx