Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“While we began looking at LexisNexis products primarily for cost saving, it quickly became more about customer service, ease of onboarding, ongoing training and breadth of resources available.”

Co-Op

Access all documents on Decennial insurance

Decennial insurance meaning

What does Decennial insurance mean?
Insurance used on construction projects to protect the building owner (and successors) against the cost of remedying major latent or structural defects that arise after completion, typically for ten years. In practice it covers physical damage or imminent collapse affecting the building’s safety or stability, and may include associated costs such as demolition, making safe and professional fees. It is usually written on a no‑fault basis, so the insured need not prove negligence by the contractor or designer. In the UK and Ireland the term is descriptive market usage rather than a concept defined in legislation or case law. There is no statutory “decennial liability”; comparable cover is commonly called latent defects insurance or a structural warranty. Policies are usually placed by the developer or employer (sometimes procured by the contractor under the building contract) and are often assignable to purchasers, tenants and funders. Cover typically incepts at completion (often practical completion) and runs for ten years. Typical exclusions include wear and tear, poor maintenance, non‑structural defects and pure economic loss. Decennial or latent defects cover is distinct from professional indemnity and public liability insurance, and is frequently required by funders and mortgage lenders on new‑build projects across England & Wales, Scotland,...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Decennial insurance

PRACTICE NOTES
Construction contracts glossary—D: design and build, delay, defects, payment notices, dispute processes, dutyholders

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z D&B See Design and build beneath. DBO See Design, build and operate beneath. Date for completion/completion date Means the date stated therein in the building contract (typically within the contract particulars/contract data) by which the contractor must finish the works—ie the point by which practical completion is to be achieved (see Practice Note: What is practical completion?). This completion date may change over the course of the project, for instance where the contractor receives an extension of time. Should the works not be completed by the completion date, the contractor is liable to the employer for liquidated damages (where the contract so provides) or, failing that, general damages for delay in completion (arising from breach of contract thereunder). Date for possession The date set out in the building contract on which the employer gives...

Read More Right Arrow
PRACTICE NOTES
Project-specific Contractors' All Risks and public liability insurance for UK construction projects: coverage, insured parties, PI exclusions, DIC, benefits and decennial insurance

What is a project policy? A ‘project policy’ usually means insurance the employer arranges to cover Contractors All Risks (CAR) and public liability. It is for the employer, contractors, sub-contractors and suppliers, and applies to one named project. These are composite policies; subrogation rights between co-insureds do not exist or are waived... What and who is covered/not covered? What is covered? A project policy commonly insures CAR and public liability exposures arising during the works... What is not covered? It will generally exclude matters that would ordinarily fall under a professional indemnity (PI) policy because: PI is placed in a distinct insurance market; and a project policy responds to occurrences during its term and only needs to operate for the project period. By contrast, PI responds to claims made during the policy period. As professional liability may run for 6 or 12 years, PI must be maintained throughout that time so it is in force when a...

Read More Right Arrow