Non Negligent Insurance for Construction Tenders

Independent advice on non negligent insurance for large scale construction projects, protecting against third party property damage where fault cannot be proven.

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Non Negligent Insurance

Non negligent insurance provides protection against damage to third party property arising from construction works where no fault or negligence can be established. Commonly required on complex developments carried out in close proximity to existing buildings, this cover gives developers, funders and adjoining owners confidence that unforeseen damage will be addressed without the need for lengthy disputes over liability.

When is Non Negligent Insurance Required?

Non negligent insurance is often required where construction works present a higher risk to neighbouring structures, particularly on urban or constrained sites. It is commonly specified within building contracts, including JCT forms, where clause 6.5.1 sets out the obligation to maintain cover for non negligent damage.

The policy may also be requested by funders, freeholders or adjoining owners as a condition of consent to works. It is frequently used on basement excavations, refurbishments, conversions and developments involving structural alterations near existing buildings.

Key Benefits of Non Negligent Insurance

    Provide certainty where liability for damage is unclear

    Allow damage to be addressed quickly without establishing fault

    Reduce delays, disputes, and the risk of costly legal action

    Reassure developers and funders that third party property risks are managed

    Support project continuity by preventing disruption from unresolved claims

Why Comparison Matters for Non Negligent Insurance

Two non negligent insurance policies can look similar on paper but respond very differently in practice. Differences in exclusions, notification requirements and damage definitions can have a material impact on claims outcomes.

LBB’s comparative review reduces the risk of disputes, rejected claims and project delays by ensuring cover is placed with insurers experienced in complex and high risk developments.

How LBB Compares Non Negligent Insurance

    Non negligent insurance is not an off the shelf product, with significant variation in wording, limits, exclusions, and insurer appetite

    Poorly structured policies can leave critical gaps in cover when damage occurs

    Compare non negligent insurance across specialist insurers, not just on premium

    Review scope of cover, limits of indemnity, exclusions, and policy triggers in detail

    Ensure alignment with JCT 6.5.1 contractual requirements

    Focus on suitability and risk exposure rather than price led comparison

    Structure cover to reflect the nature of the works and proximity of neighbouring properties

    Meet the expectations of funders, solicitors, and adjoining owners

    Secure policies that perform under scrutiny and respond when it matters

Get non negligent insurance advice from an experienced, trusted team.

Speak to LBB About Non Negligent Insurance

    Manage risk on developments involving neighbouring properties and sensitive sites

    Ensure the right level of protection is in place for each project

    Work with advisers who understand developer, funder, and professional team requirements