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SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 6FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Insurance

schedule 15 paragraph 93 93.—(1) The undertaker must take out and maintain(or must procure that the contractor takes out and maintain) and whenever required must produce to the local highway authority satisfactory evidence that it has so taken out and maintained insurances—

schedule 15 paragraph 93 1 a (a)against all liability (whether at common law or under statute) in respect of injury (fatal or otherwise) to persons employed or engaged in the execution of the specified works; and

schedule 15 paragraph 93 1 b (b)against all third party risks (in respect of persons or property including employees of the local highway authority) arising out of or incidental to the specified works to the extent of not less than ten million pounds (£10,000,000.00) for any one claim.

(2) The insurances referred to in sub-paragraph (1) must be effected with reputable insurance companies and must be continued until the issue of the final certificate.

(3) If the undertaker fails upon written request to produce to the local highway authority satisfactory evidence that there are in force the insurances which it is required to effect under this Part of this Schedule then in any such case the local highway authority may as agent for and on behalf of the local highway authority effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time to recover the costs, charges and expenses of doing so from the undertaker as a civil debt.

(4) Whenever insurance is arranged in the joint names of the parties or on terms containing provisions for indemnity to principals the party effecting such insurance shall procure that the subrogation rights of the insurers against the other party are waived and that such policy shall permit either the co-insured or the other party as the case may be to be joined to and be a party to any negotiations, litigation or arbitration upon the terms of the policy or any claim thereunder.