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Latent defects - is there a new way forward?

By: Series: Construction Law Journal ; 20(3) 2004, 97-104(8)Publication details: 2004Subject(s): Summary: Considers an alternative latent defects insurance policy which has recently been introduced. Argues that professional indemnity insurance does not provide a solution for all problems which arise with latent defect issues. The new scheme is called building users' insurance and was recommended by the Latham report "Constructing the team: joint review of procurement and contractual arrangements in the United Kingdom construction industry - final report July 1994" (ISBN 011752994X). A table compares the two sorts of policies. Concludes the new version is more clearly worded, contains the ability to tailor the policy to suit the requirements of a particular project and produces a simpler, less time-consuming and less costly inspection process.

Considers an alternative latent defects insurance policy which has recently been introduced. Argues that professional indemnity insurance does not provide a solution for all problems which arise with latent defect issues. The new scheme is called building users' insurance and was recommended by the Latham report "Constructing the team: joint review of procurement and contractual arrangements in the United Kingdom construction industry - final report July 1994" (ISBN 011752994X). A table compares the two sorts of policies. Concludes the new version is more clearly worded, contains the ability to tailor the policy to suit the requirements of a particular project and produces a simpler, less time-consuming and less costly inspection process.