Gallivan Magee & Associates Pty Ltd Insurance Brokers & Risk Management Consultants

Contractors and Contractual Liability

We are not legal advisors and do not make comments to clients beyond our level of expertise which is one of highly experienced and qualified insurance professional staff who are well versed in the “insurance needs’ of clients involved in contracting or the use of contractors.This is a legal mine field for clients and we can ensure that you get the best covers available.

Clients must be aware of contractual liability issues and the particular insurance needs that apply for contractors.

We have access to legal consultants via our Steadfast connection and some of this work to a point on contractual review is free. For more complex contractual review there would be a charge but even then it is very modest by legal industry standards.

We can review contracts from the point of view of insurance covers however will not give legal advice. You will however be made aware of the issues.

Also we have excellent outlets for the necessary covers that contractors need.

How to navigate through the Mine Field

You need help to navigate your way through this mine field and the simple answer is to seek professional advice before signing any contract. i.e., appropriate legal advice from qualified contract law advisors and advice from Gallivan, Magee & Associates Pty. Ltd., on the Insurance issues. In many instances the contract may need to be altered and Principals would be foolhardy to insist that a client for example on one hand, carry liability insurance and then insist on an indemnity that negated that liability cover. In other cases you may need to adjust and amend covers which of course we can arrange, unless the requirement is totally unreasonable. In which case the argument will be for contract alteration.

In other cases the insurer may be prepared to note the contract as an allowable Designated Contract, sometimes for an extra cost. We can and have had insurers agree however it has got to be said that they generally are reluctant to give away any legal rights. i.e., no problem covering you [and others agreed to be noted] for your negligence as per the policy. To have this agreed we generally need full contract information. i.e., Contract and details of the work to be performed or the basis of the contract