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Contract forms and defects · 3 min read

NEC, FIDIC and GCC contracts: insurance considerations without assuming they are the same

NEC, FIDIC and GCC are different families of contract, and they do not allocate insurance in the same way. Each deals with insurance through its conditions and through entries or amendments that the parties complete for the project. Do not carry assumptions from one form to another. Identify your form, edition and amendments, then read the insurance provisions that actually apply.

Three families of contract

NEC
The NEC suite is published by NEC. Its website lists NEC4 contracts, including the Engineering and Construction Contract, with the suite described as the June 2017 edition revised in January 2023. Earlier NEC3 documents also exist, so identify which edition applies.
FIDIC
FIDIC, the International Federation of Consulting Engineers, publishes standard forms. Its website lists, for example, the 2017 Construction Contract (Red Book) and Plant and Design-Build Contract (Yellow Book), and a 2019 form for underground works. Older editions are also in use.
GCC
The General Conditions of Contract for Construction Works are published by the South African Institution of Civil Engineering (SAICE). SAICE’s publications page refers to a third edition, 2015, and a related guide. Earlier editions may still appear in some contracts.

Each form is also often modified by particular conditions, schedules or contract data. What binds you is the contract you signed, not the standard form in the abstract.

Questions that apply whichever form is used

Items to find in any contract
QuestionWhy it matters
Which edition and which amendments apply?Wording and responsibilities change between editions and with particular conditions.
Who must insure the works?It may be the contractor, the employer or both, and in joint names or not.
Which covers are required, with what limits?These set the minimum policy terms and may be stated in contract data or schedules.
What is the insurance period?It may need to run until completion, through the defects period or beyond.
Who bears risks that are not insured?The contract allocates certain risks to one party even where insurance does not respond.
Are professional indemnity or design-related covers required?Particularly relevant where the contractor takes design responsibility.
What evidence must be provided, and when?Many contracts require proof before work starts.
What happens if insurance is not provided?The contract may allow the other party to arrange it and recover the cost.
How are claims and notices handled?Contracts may require notification within set periods.
How do subcontractors fit in?Subcontract conditions often mirror, or adapt, the main contract’s requirements.

Why the forms should not be treated as identical

  • Different forms use different terms for risk, liability and the insurances the parties must arrange.
  • The same form can be used with very different particular conditions or contract data.
  • Public employers may amend standard forms for their own requirements.
  • A policy that satisfies one contract may not satisfy another.
  • Our summaries cannot replace the document you signed.

Design responsibility changes the picture

Where the contractor designs, whether wholly or in part, the insurance programme needs to consider professional liability and the coordination of covers. See design and construct insurance and professional indemnity for contractors.

What to do with your contract

  1. Identify the form and edition

    Check the title page, the contract data and any amendments.

  2. Extract the insurance provisions

    Include conditions, contract data, schedules and particular conditions.

  3. List required covers, limits and evidence

    Note who arranges each and by when.

  4. Compare with your existing programme

    Look for gaps or mismatches.

  5. Send it to us

    We will help you understand what is being asked for and what needs to be arranged.

See also JBCC insurance requirements and insurance after winning a tender.

Common questions

Which of these forms is most common in South African civil work?

That varies by employer and project. Public employers commonly specify the form in their tender documents, so look at what you have been given instead of assuming.

Can the same policy satisfy NEC, FIDIC and GCC contracts?

Not automatically. Limits, insured parties, periods and wording can differ, and particular conditions often change the standard forms. Check each contract.

What if the contract requires insurance that does not exist in the market?

Raise it with the employer’s representative early. Some requirements are hard to meet as written, and clarifying them before signing is far easier than after.

Do these forms deal with latent defects?

Provisions differ, and many leave some questions to the law that applies. See latent defects explained, and take legal advice for your contract.

Have a civil contract to review?

Send us the insurance provisions and contract data. We will help you work out what the contract requires.

Send Your Contract Requirements

An enquiry does not put cover in place. Cover is subject to underwriting and policy terms.

Sources and further reading

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Submitting an enquiry or requesting a quote does not put cover in place. Cover is subject to underwriting and policy terms.

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