Insights · Covers in depth

Exclusions map: liquidated damages, fines, wear

The exclusions list isn't the insurer's collection of get-out clauses – it's the genre's definition: it tells you what isn't a sudden loss, but a business risk, a quality issue or a maintenance matter. Anyone who knows the exclusions won't be caught out – and, with any luck, won't make the mistakes the list warns against in the first place. Here's the map, told straight.

In brief:
  • Never an insurable loss: liquidated damages, fines, delay on its own, wear and tear, stock shortages, wilful acts.
  • Your own defect, your own cost: fixing defective work or a defective design – though the consequential loss is typically insurable.
  • Subject to conditions: theft (security), natural-catastrophe loss (protective measures), water damage (dewatering).
  • Endorsement-dependent: flood, earthquake, strikes and terrorism, testing and commissioning.

The business-risk group

Liquidated damages and fines are not an insurable loss – no endorsement brings them in, because they're not a sudden event but a contractual or regulatory consequence. Likewise excluded: a delay to the schedule on its own (the resulting loss of market share or revenue), exchange-rate and price movements, and stock shortages (something that's "just gone missing" isn't proven theft). These call not for insurance, but for contract management and the toolkit of legal-expenses cover.

The quality group: your own defect, consequential loss

Fixing your own defective work or a defective design yourself is part of your obligation to perform, not a loss. The consequential loss arising from the defect and affecting otherwise sound parts, however, is typically insurable – the design-defects article draws the precise line. Wear and tear and corrosion are likewise excluded: the work of time isn't a sudden event.

The conditional group

Here, cover applies – but with expectations attached. For theft, security or locked storage (theft article); for natural-catastrophe loss, temporary protection and watching the forecast (natural-catastrophe losses); for water damage, dewatering readiness. Failing to meet these makes up the first half of the list of common rejection reasons – and all of them are preventable through good site management.

The endorsement-dependent group

Finally, there's a group that's excluded by default but can be opened up by endorsement: flood/inland inundation at exposed sites, earthquake, strike and civil-commotion losses, the risks of testing and commissioning (EAR), and the extra cost of overtime and express freight. These aren't needed automatically – the project's site and nature decide. That's precisely the work of structuring the cover: needs-assessment article; for the full picture: what's covered and what isn't.

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This article is for general information only and does not constitute an offer, or insurance or legal advice. The specific covers are determined by the insurers' terms and conditions in force at any given time; the section structure and the range of extensions vary by insurer.

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