Participants under SPA

Participants under SPA

Professional Liability of Participants in Design and Construction insurance is compulsory in accordance with Art. Article 171 of the Spatial Development Act and Ordinance under the Terms and Procedure for Compulsory Insurance in Design and Construction in force from 06.03.2004.

Who is required to take out the insurance?

Professional liability of design and construction contractors is required for any person who carries out one or more of the following activities:

The designer for the preparation of investment projects

The builder for the complete execution of the construction or of certain types of construction and assembly works

The consultant for:

  • Conformity assessment of the investment projects with the essential requirements for the construction works,

and/or

  • to exercise construction supervision

The person exercising construction supervision in respect of fifth category constructions

The person exercising technical control under the “Constructive” part of the investment projects for which no consultant assessment has been performed

What coverage does insurance provide?

This insurance provides protection in case of compensation claims by a third party injured as a result of unlawful actions and/or omissions on the part of the insured in the exercise of his professional duties. The insurer indemnifies as pecuniary damages (complete or partial damage of movable and immovable assets) and non-pecuniary damages (death or bodily injury suffered by individuals) that occurred during the insurance term. Where the action is brought by a court, the costs shall also be included in the indemnity if the insurer has participated in the proceedings.

Claims are indemnified on the basis of claims submitted for the first time in writing during the term of the insurance, provided that the actions or omissions of the insured that caused the damage occurred after the start date of the insurance or after the retroactive date entered in the policy.

Insurance coverage covers not only the period of insurance (which is usually 1 year), but also damages from acts or omissions of the insured before the conclusion of the policy. For this purpose, the insured declares the date from which he started his professional activity as a designer, builder, etc. This date is defined as a retroactive date on the policy and may cover a period of up to 5 years before the start date of the policy itself.