Defect Exclusion DE1, DE2, DE3, DE4, DE5 (1995)
- Monday, December 10, 2012, 15:57
- Contractors’ All Risks (CAR), Erection All Risks (EAR)
- 37 comments
Defect Exclusion DE1, DE2, DE3, DE4, DE5 (1995). Please download here
Outright Defect Exclusion DE1 (1995)
This policy excludes loss of or damage to the Property Insured due to defective design plan specification materials or workmanship.
Extended Defective Condition Exclusion DE2 (1995)
This policy excludes loss of or damage to and the cost necessary to replace repair or rectify
(a) Property Insured which is in a defective condition due to a defect in design plan specification materials or workmanship of such Property Insured or any part thereof
(b) Property Insured which relies for its support or stability on (a) above
(c) Property Insured lost or damaged to enable the replacement repair or rectification of Property Insured excluded by (a) and (b) above
Exclusion (a) and (b) above shall not apply to other Property Insured which is free of the defective condition but is damaged in consequence thereof.
For the purpose of this policy and not merely this Exclusion the Property Insured shall not be regarded as lost or damaged solely by virtue of the existence of any defect in design plan specification materials or workmanship in the Property Insured or any part thereof
Limited Defective Condition Exclusion DE3 (1995)
This policy excludes loss of or damage to and the cost necessary to replace repair or rectify
(a) Property Insured which is in a defective conditions due to defect in design plan specification materials or workmanship of such Property Insured or any part thereof
(b) Property Insured lost or damaged to enable the replacement repair rectification of Property Insured excluded by (a) above
Exclusion (a) above shall not apply to other Property Insured which is free of the defective condition but is damaged in consequence thereof.
For the purpose of the Policy and not merely this Exclusion the Property Insured shall not be regarded as lost or damaged solely by virtue of the existence of any defect in design plan specification material or workmanship in the Property Insured or any part thereof.
Defective Part Exclusion DE4 (1995)
This policy excludes loss of or damage to and the cost necessary to replace repair or rectify
(a) Any component or individual item of the Property Insured which is defective in design plan specification materials or workmanship
(b) Property Insured lost or damaged to enable the replacement repair or rectification of Property Insured excluded by (a) above
Exclusion (a) above shall not apply to other parts or items of Property Insured which are free from defect but are damaged in consequence thereof.
For the purpose of the Policy and not merely this Exclusion the Property Insured shall not be regarded as lost or damaged solely by virtue of the existence of any defect in design plan material specification or workmanship in the Property Insured or any part thereof.
Design Improvement Exclusion DE5 (1995)
This policy excludes:
(a) The cost necessary to replace repair or rectify any Property Insured which is defective in design plan specification materials or workmanship.
(b) Loss or damage to the Property Insured caused to enable replacement repair or rectification of such defective Property Insured.
But should damage to the Property Insured which is free of such defective condition (other than damage as defined in (b) above) result from such a defect this exclusion shall be limited to the costs of additional work resulting from and the additional costs of improvement to the original design plan specification materials or workmanship.
For the purpose of the policy and not merely this Exclusion the Property Insured shall not be regarded as lost or damaged solely by virtue of the existence of any defect in design plan specification materials or workmanship in the Property Insured or any part thereof.
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37 Comments on “Defect Exclusion DE1, DE2, DE3, DE4, DE5 (1995)”
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Under a course of construction policy the DE5 appears to exclude coverage, so by having the DE5 exclusion this then provides less coverage then not having the DE5? Is that correct?
The original policy excludes faulty/design defect = LEG1 = DE1
LEG3 = DE5 is the widest cover available, it covers faulty parts and ensuing damages
witsam