MANDATORY PROFESSIONAL LIABILITY IN THE CONSTRUCTION
THE PROFESSIONAL RESPONSIBILITY OF THE BUILDER is in connection with his activity on the overall execution of the construction sites, in accordance with the issued construction documents and the requirements of the law.
Limits of liability depend on the category of construction.
According to Art. 173 of the Spatial Planning Act / SPA / the contracts between the participants in the construction may be arranged a separate insurance to ensure their responsibilities for a specific site.
The insurances under art. 171 shall be concluded for a period of one year and shall cover the liability of the insured under written claims filed during the term of the insurance contract for:
1. Illegal actions or inactions of the insured during or on the occasion of fulfillment of his obligations, performed during the term of the contract.
2. Illegal actions or inactions of the insured during or on the occasion of fulfillment of his obligations, performed in the period from the retroactive date to the conclusion of the contract.
Retroactive date in the sense of is the date of commencement of activity by the Insured. For persons who have been active for more than 5 years, the retroactive date is 5 years before the conclusion of the insurance contract.
Upon termination of the activity subject to compulsory insurance, the person is obliged to conclude additional insurance covering a period of 5 years following the termination of the activity, in case the harmful action is committed after the retroactive date.
GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL LIABILITY INSURANCE
The Insurer insures the liability of the Insured with respect to:
1. All amounts, up to the amount of the agreed limits, which the Insured will be legally obliged to pay as compensation for damages caused to third parties as a result of culpable non-fulfillment of his professional obligations.
2. Court costs in cases against the Insured, initiated on the basis of claims, when the Insurer has been involved in the process.
The insurer covers the liability of persons engaged in a specific professional activity.
– War, strikes, civil unrest.
– Losses, damages and costs due to terrorism
– Nuclear reaction, toxic pollution
– Actions of the Insured, outside the scope of his professional activity
– Damages caused intentionally by the Insured.
– Infringement of intellectual property rights, trademarks, patents.
– Acts classified as defamation and insult.
– Loss and damage of documents entrusted to the Insured.
– The liability of the Insured, assumed under a contract, which would not arise on any other legal basis.
– Damage due to force majeure
– Claims brought under foreign law.
– Lost profits.
– Penalties and indirect damages.
– Fines, confiscations and other pecuniary sanctions imposed by competent authorities.
– Activity of the Insured abroad.