VERIFIQUE QUE :

2.1.1. missing the target point of the drilling,

2.1.2. deviations from the scheduled direction, or designed profile

2.1.3. loss of or change in the drilling mud (e.g. bentonite), or any media or substance used for excavation/ drilling support or as a ground-conditioning agent

2.1.4. damage to the outer insulation of the pipeline in the area of directional drilling

2.1.5. alterations in the construction method or due to unforeseen ground conditions or obstructions

2.1.6. measures which become necessary to improve or stabilize ground conditions or unless necessary to reinstate indemnifiable loss or damage

2.1.7. the abandonment or recovery of directional drilling machines

2.2. The insurer shall not indemnify the insured for loss or damage to the directional drilling machine

Contracts involving directional drilling

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Clause Clause Name Clause Wording Type of Contract Optional Specialist Clauses

3.1. The sum insured shall be the drilling costs plus the material value of the pipeline to be drilled

4.1. The limit of indemnity for any one occurrence of loss or damage shall not exceed the limit specified below.

Limit of indemnity:

5.1. In respect of each and every occurrence of loss or damage, the insurer shall not be liable for the deductible specified below.

Deductible: % of the loss amount, minimum HKD...

6. For the purpose of this endorsement, directional drilling operations shall include but not limit to the construction of Tunnel Q, and the HDPE pipe of the Contract Works insured by this policy.

004 Clause Name

Option 2

Swiss Re: EPI 59 Directional Drilling

Clause Comment

This clause reduces the coverage provided by the Specimen CAR policy in that various additional exclusions apply and the insurer is permitted to cap the length of the drilling operation, apply a sub-limit to the works and an increased excess.

Clause subject to negotiation

(a) The Insurers will indemnify the Insured for Loss to Insured Property arising directly or indirectly from horizontal directional drilling and/or directional drilling operations and/or trenchless pipe installations, hereinafter called Directional Drilling Operations, always provided all items of such Directional Drilling Operations shall be stated below and any not mentioned items shall not be covered.

(b) Insurers shall not indemnify the Insured for:

(i)

any loss or damage unless a geotechnical survey as required according to best practice standards has been carried out prior to commencement of Directional Drilling Operations;

(ii)

any loss or damage directly or indirectly due to corrections and/or re-routing as a

result of deviations from the intended course;

(iii)

loss of drilling fluid;

(iv)

all costs rendered necessary by modification of construction methods including but

not limited to change of drilling head, reamer, tool, equipment or drilling fluid. (c) In the event of Loss the indemnifiable amount is limited, in respect of the Directional

Drilling Operation where the Loss has occurred, to the Sum Insured stated below, reduced for that portion of works which has not been carried out yet. Such Sum Insured shall represent the value of the Directional Drilling Operation as included in the Sum Insured stated in the Schedule.

(d) The Deductible applicable is stated below.

Location and length of Directional Drilling Operation ……….. Sum Insured ……….. Deductible each and every Loss ………..

Contracts involving directional drilling

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Clause Clause Name Clause Wording Type of Contract Optional Specialist Clauses

005 Clause Name

Plans & Documents Clause

Clause Comment

This clause extends the policy to specifically provide cover for such property.

It is usual for a sub-limit to apply as negotiated with the insurer for the particular project or policy, however, this should appear in the Schedule not in the body of the wording.

Clause acceptable for inclusion in the library.

This Policy is extended to indemnify the Insured against necessarily incurred cost of rewriting or redrawing plans or documents of the contract works insured hereunder when such plans or documents are lost or damaged by any cause not excluded by the Policy and the Insured needs to have them redrawn or re-written in order to complete the contract or to obtain payment for work already carried out.

The liability of the Insurers under this Policy shall not exceed HK$.... any one occurrence unlimited during the Period of Insurance.

All Contracts

006 Clause Name

Run-Off Clause

Clause Comment

The intention of this clause is to continue to provide coverage in respect of all contracts commencing during the period of insurance until completion of the contracts, subject to a maximum length of contract and defects liability period. Many annually renewable policies are underwritten in this way to ensure the premium cost is ‘locked in’ for the duration of the contract.

Clause acceptable for inclusion in the library.

It is hereby declared and agreed that the terms of this insurance shall apply throughout the period of insurance stated in the policy schedule apply throughout the period of insurance stated in the policy schedule and for each contract works the insurance will continue after the issuance of the certificate of practical completion and until the expiration of the maintenance period subject to the period of insurance for any individual contract works not exceeding ……. months plus ……. months maintenance period.

All Contracts

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Clause Clause Name Clause Wording Type of Contract Optional Specialist Clauses

007 Clause Name

Special Conditions Concerning Pipe Jacking Operations

Clause Comment

There are no such limitations applicable to such works in the Specimen CAR policy. Clause subject to negotiation

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon the Insurer will indemnify the Insured up to the limit of indemnity indicated below for damage arising during the pipe jacking, only if the soil analysis (soil samples, test borings, sieve analyses, etc) required for proper boring or jacking operations in accordance with latest technical standards has been carried out prior to the commencement of work and if the contractor is familiar with the thrust boring or pipe jacking technique.

It is further agreed and understood that the Insurers shall not indemnify the Insured for any costs and expenses incurred or arising from

- abortive pipe jacking operations;

- missing the target point of the boring, deviation from the scheduled direction; - misalignment during the pipe jacking operation;

- loss of or change in the drilling mud or similar (e.g. bentonies, slurry, lubricant); - damage to the outer insulation of the pipe (if any)

During pipe jacking operations the maximum stress upon the tube or pipe shall not exceed 85% of the specified minimum yield of the material.

Contracts involving pipe jacking works

008 Clause Name

Fibre Optic Cable Excess

Clause Comment

In light of the value of this property It is usual for insurers to impose an increased excess in the event of damage that may be caused to it. However, the excess should be capped at say 20% of the loss.

Clause acceptable for inclusion in the library (subject to minor amendment)

In respect of each and every occurrence of loss or damage to oil-filled or fibre-optic cable indemnificable under this Special Conditions the Company shall not be liable for the first HKD... or 40% of loss whichever is the greater.

Contracts involving exposure to underground services

009 Clause Name

Completed Operations / Products Liability Exclusion

Clause Comment

The Specimen CAR policy is not intended to cover loss or damage after the project is completed.

This type of clause reinforces that concept although it should be noted that some policies provide this coverage which is an

improvement to the Specimen CAR policy. Clause acceptable for inclusion in the

This Policy shall not apply to any claim or liability caused by or in connection with or arising or arising from property goods product food or drink or the containers thereof sold or supplied or constructed or property or goods which have been repaired altered renovated serviced or installed and no longer in the Insured’s possession or control, or poisoning or contamination of any kind.

All Contracts

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Clause Clause Name Clause Wording Type of Contract Optional Specialist Clauses

library 010 Clause Name

Claims Cooperation Clause

Clause Comment

This type of clause typically relates to reinsurance arrangements whereby the reinsured is obligated to advise the reinsurer of a claim and to permit the reinsurer to participate in the handling and adjustment of the claim.

Clause acceptable for inclusion in the library

Claims shall be settled by the Reinsured. However, it is a condition precedent to the Reinsurer's liability that, upon the Reinsurer's request, the Reinsured shall cooperate with the Reinsurer or any other person designated by the Reinsurer, in a timely manner, and that upon the Reinsurer's written request, the Reinsured shall obtain before any settlement the Reinsurer’s approval of such settlement, or the approval of any other person designated by the Reinsurer.

All Contracts

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Clause Clause Name Clause Wording Type of Contract Approved Alternative Clauses

C2 Clause Name

MR101

Special Conditions Concerning the Construction of Tunnels, Galleries, Temporary or Permanent Subsurface Structures or Installations

Clause Comment

Restrictions in relation to tunneling works are generally imposed by insurers, however exclusions need to be reviewed and agreed and the % cap needs to be replaced by an acceptable appropriate sub- limit to reflect the exposure.

Clause subject to negotiation

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall not indemnify the Insured in respect of the expenses incurred for

– alterations in the construction method or due to unforeseen ground conditions or obstructions,

– measures which become necessary to improve or stabilize ground conditions or to seal against water ingress unless necessary to reinstate indemnifiable loss or damage,

– removing material which has been excavated, or due to overbreak in excess of the design profile and/or for refilling cavities resulting therefrom,

– dewatering unless necessary to reinstate indemnifiable loss or damage,

– loss or damage due to breakdown of the dewatering system if such loss or damage could have been avoided by use of standby facilities,

– the abandonment or recovery of tunnel-boring machines,

– the loss of bentonite, suspensions, or any media or substance used for excavation support or as a ground-conditioning agent.

In the event of indemnifiable loss or damage the maximum amount payable under this Policy shall be limited to the expenses incurred to reinstate the insured property to a standard or condition technically equivalent to that which existed immediately before the occurrence of loss or damage but not in excess of the percentage as stated below of the original average per-metre construction cost of the immediate damaged area.

Maximum percentage payable: %

Tunnelling Contracts

B1 Clause Name

Option 1 MR112

Special Conditions concerning Fire- Fighting Facilities and Fire Safety on Construction Sites

Clause Comment

It is common for clauses of this nature to be imposed by insurers to encourage the contractor to take precautions against the

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the Insured for loss or damage directly or indirectly caused by or resulting from fire or explosion, provided always that

1. with regard to the progress of work adequate fire-fighting equipment and sufficient extinguishing agents are available and operative at all times.

Fully operative wet riser hydrants are installed up to one level below the highest current work level and are sealed by temporary end caps;

2. the cabinets containing hose reels and portable fire extinguishers are inspected at regular intervals but at least twice a week;

All Contracts

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Clause Clause Name Clause Wording Type of Contract Approved Alternative Clauses

risk of fire.

However, the clause stated is as per the Munich Re clause which is particularly onerous and ‘watered down’ alternatives to this clause are in use.

Clause subject to negotiation

3. fire compartments as required by local regulations are installed as soon as possible after the removal of formwork.

Openings for lift shafts, service ducts and other voids are provisionally closed as soon as possible but not later than at the commencement of fit-out work;

4. waste material is removed regularly. All floors undergoing fit-out are cleared of combustible waste at the end of each working day;

5. a “permit to work” system is implemented for all contractors engaged in “hot work” of any kind such as but not limited to

– grinding, cutting or welding operations, – use of blow lamps and torches, – application of hot bitumen,

or any other heat-producing operation.

“Hot work” is carried out only in the presence of at least one worker equipped with a fire extinguisher and trained in fire-fighting.

The area of any “hot work” is examined one hour after the work has finished;

6. storage of material for the construction or erection shall be subdivided into storage units not exceeding the value stated below per storage unit. The individual storage units shall be either at least 50 m apart or separated by fire-proof walls.

All flammable material and especially all flammable liquids and gases shall be stored at a sufficiently large distance from the property under construction or erection and any hot work;

7. a Site Safety Coordinator is appointed.

A reliable fire alarm system is installed and whenever possible a direct communication link maintained with the nearest fire brigade.

A Fire Protection Plan and a Site Fire Action Plan are implemented and updated regularly.

The contractor’s personnel are trained in fire-fighting and fire-fighting drills carried out weekly.

The nearest fire brigade is familiarized with the site and immediate access maintained for it at all times;

8. the site is fenced off and access controlled.

Value per storage unit:

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Clause Clause Name Clause Wording Type of Contract Approved Alternative Clauses

B1 Clause Name

Option 2

Special Conditions concerning Fire- Fighting Facilities and Fire Safety on Construction Sites

Clause Comment

HKFI have advised that this clause is acceptable to HKHA. Whilst this may be the case, it still represents a restriction to the existing Specimen CAR policy. Less onerous clauses with which contractors can comply are agreeable by the insurance market.

Clause subject to negotiation

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the Insured for loss or damage directly or indirectly caused by or resulting from fire or explosion, provided always that

1. With regard to the progress of work adequate fire-fighting equipment and extinguishing agents shall be provided and maintained in good order in compliance with the Contract, Fire Services Department (FSD) regulations and requirements;

In particular, water relaying facilities shall be provided and maintained in good order in compliance with FSD regulations and requirements. Where existing fire hydrants are not found within 100 m from the site, temporary water tank for the supply of fire-fighting water, or enhanced fire fighting measures shall be

provided as required by the Contract and/or Site Safety Plan; and

2. Hose reels and portable fire extinguishers shall be inspected weekly; and

3. Fire compartments in compliance with the Contract and FSD regulations and requirements shall be constructed or installed as soon as practical after the removal of formwork. Openings for service ducts and shafts shall be closed as soon as practical after installation of ducts or cables; and

4. Waste material shall be removed regularly. Combustible waste shall be orderly placed at designated area at the end of each working day and removed from the floor area as soon as practical; and

5. A Permit-to-Work System (or equivalent procedure) shall be implemented by contractors for Hot Work such as naked flame cutting, burning and welding.

Hot Work shall only be carried out by at least one worker equipped with a fire extinguisher and trained in fire-fighting;

In order to prevent fire, the area of Hot Work and its vicinity shall be inspected within one hour after finish of work; and

6. All flammable substances shall be stored at designated area in accordance with FSD regulations and requirements and at reasonably large distance from Hot

Work; and

7. Site Safety Coordinator (or equivalent position) shall be appointed for fire safety during construction. A reliable fire alarm system and emergency

communication facilities shall be installed in accordance with the Site Safety Plan (or equivalent document);

All Contracts

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Clause Clause Name Clause Wording Type of Contract Approved Alternative Clauses

A Fire Protection Plan and Site Safety Plan (or equivalent procedure) shall be implemented and updated where necessary;

The Contractor’s personnel shall be trained in fire-fighting and fire drills shall be carried out at least once per year or at frequency as stated in the Site Safety Plan (or equivalent procedure);

The Site Safety Coordinator shall cooperate with FSD in respect of joint survey or testing. Unobstructed access for emergency vehicles shall be maintained; and

8. The site shall be fenced off and access controlled; and

9. There is a non-smoking policy to prohibit smoking on site or to allow smoking only at designated area(s) where fire-fighting agents are in place; and

10. Prior to carrying out burning and welding operations on one side of the wall or partition, the

In document Metodología para el desarrollo de indicadores de ciencia, tecnología e innovación tecnológica (página 100-105)