Architects in particular tend to work with “off the shelf” J.C.T (Joint Contracts Tribunal) contracts, as these provide a good template to deal with all aspects of the operation of the works and the relationship between the builder and the homeowner.

Within the J.C.T contract, the homeowner may be contractually obliged to insure in joint names with the contractor, both the existing structure and the works against loss or damage by specified perils.

By agreeing to insure in joint names the homeowners existing insurer loses the right to pursue the contractor and recover any costs they may have to pay out in the event of a claim, even if they have been negligent.

Insurers can be extremely reluctant to maintain insurance which is in joint names and could seek to reduce their exposure by limiting the extent of cover. This means meaning the homeowner might then be in breach of their contractual obligations as stated within the J.C.T contract.

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