ARCHITECT / PROMOTER CONTRACT
FOR NEW WORKS
APPENDIX " Insurance obligation of the parties "
A 1 INSURANCES OF THE PROJECT MANAGER
All architects participating in the work must hold at least the guarantees set out below, these guarantees must be adapted to the consistency and characteristics of the work as well as to the risks incurred.
A 1.1 - Ten-year liability policy and related risks.
1) The stipulations of this Policy must at least comply with the legal and regulatory provisions relating to compulsory insurance in the field of construction : Articles L 241-1, L 243-1-1, L 243-9 and A 243-1 Annex I of the Insurance Code as it results from the Decree of November 19, 2009.
2) This policy must at least include the guarantee:
a) Decennial Liability within the meaning of Articles 1792, 1792-1, 1792-2 and 1792-4-1 of the Civil Code,
b) minimum two-year proper functioning of the items of equipment within the meaning of Article 1792-3 of the Civil Code,
c) with extension to damage resulting from new work , suffered by old parts of the construction except those which, fully incorporated into the new work, become technically indivisible and therefore covered under the compulsory guarantees (in the case of operation of works on existing).
3) Under this policy, the activities declared to the architect's insurer must strictly correspond to those covered by this agreement and the amount of work for which the architect is guaranteed must be in accordance with the total cost of the work. and fees excluding VAT for the operation, as declared by the Client.
A 1.2 - General liability policy
This policy must guarantee at least
a) the consequences of the error without disorder before reception.
b) the pecuniary consequences of the civil liability that the architects are likely to incur vis-à-vis third parties and the contracting authority, as a result of any bodily injury, material or immaterial (whether the latter is consecutive or no bodily injury and / or material damage) occurring during or after acceptance of the work.
A 1.3 - Common provisions.
The certificates relating to the above-mentioned policies must be provided upon signature hereof and before any start of execution of the assignment.
1 ) the policy covering the liability of écennale and the associated risks, in accordance with the provisions of Article 243-1 A of Annex I of the code has ss urances as a result of the Decree of November 19, 2009, must have taken effect at the latest on the date of opening of the site certified by the DOC within the meaning of article R 424-16 of the Town Planning Code. In the event of work not covered by a DOC, the date of the start of work by the first contractor to intervene on the project owner's site, as mentioned on the corresponding service order, will be considered as the reference date. In the absence of a service order, the effective start date of the work will be retained.
If necessary, this date will be brought to the attention of the architects by the Client or his representative.
However, if an architect establishes his activity after the date defined above, and by way of derogation from the previous paragraph, the reference date will be for him, the one on which he actually begins his services.
Notwithstanding this reference date , as defined above, the architect whose performance of services would occur prior to this reference date must also provide proof of a Decennial RC policy valid on the date of signature of this agreement.
The certificate must come from an insurance company and not from a broker. Notwithstanding the provisions of the Decree of July 15, 2003 relating to the model certificate sent each year by the architects to the regional council of the Order, this must include at least the following information:
• The maximum estimated site cost for which guarantees are issued, which must be at least equivalent to that declared by the Contracting Authority. In the event that an increasing coefficient of variation is reported, for the final cost, this cannot be less than 10%. If the limit in terms of site cost were to be exceeded in terms of final cost, the Contracting Authority would then be entitled to request a new certificate incorporating this new amount.
• The statement that the guarantees are issued at the construction cost declared by the Client (excluding housing) or at the cost of repairs (Housing).
2) The policies covering common law civil liability must have taken effect at the latest on the date of signature of this agreement and be the subject of the issuance of certificates during the 1st quarter of each calendar year, and this for the duration of the interventions.
A 2 CONSTRUCTION INSURANCE
A 2 .1 - Comprehensive construction site insurance
The contracting authority or its agent, will subscribe, both for its own benefit and that possibly of all the lessors of the work: a policy of the All Risks Site (TRC) type covering all accidental accidental risks in during construction and possibly liability vis-à-vis third parties during this period.
The Project Manager must nevertheless retain its general liability policy as described above.
The policy will include a deductible which will not be greater than € 7,500 excl. VAT and which, in the event of a claim, will be fully borne by the party responsible for it or, in the event of several persons responsible, in proportion to the responsibilities. determined.
A 2 .2 - Structural damage insurance
The client or his agent will take out a Structural Damage policy (DO), the purpose of which is to guarantee, apart from any search for liability, the payment of repair work for damage to the structure carried out as well as '' existing structures, fully incorporated into the new structure and which become technically indivisible within the meaning of II of Article L243-1-1 of the Insurance Code.
When the work will be carried out in the presence of existing ones not fully incorporated in the new structure, the contracting authority will take out the optional guarantee for existing ones not submitted.
A 2 .3 - Collective ten-year liability insurance (projects over 15M €)
As soon as the work falls within the scope of the insurance obligation under Articles L 241-1 et s of the Insurance Code, the Client or his representative will subscribe on behalf of the builders dealing with the contracting authority, a Decennial Collective Liability Contract (CCRD) d have the guarantee, under the architect's Decennial Civil Liability, will include a deductible which may not exceed € 3,000,000 per claim.
The Contracting Authority will make its best efforts so that the guarantee ceiling under the CCRD contract is not lower than the construction cost declared by the Contracting Authority, except for housing, where it will be set at amount of repairs.
Already, the builders dealing with the contracting authority undertake to adhere to the policy thus subscribed by the contracting authority to whom they give mandate to negotiate the clauses and subscribe on their behalf, in accordance with Article L 112-1 of the Insurance Code which provides that insurance may be taken out under a general or special mandate or even without a mandate, on behalf of a specific person.
This mandate is irrevocable as given in the common interest of the parties concerned.
The premium relating to this contract will be paid by the Client.
C ontract A rchitecte / P romoteur - Appendix " Insurance party " - 28 / 02/201 3
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