11TH AUGUST 2015 - 30TH JUNE 2016
BRISBANE CITY COUNCIL
PRINCIPAL CONTROLLED CONSTRUCTION
INSURANCE MANUAL
CONFIDENTIALITY
This Manual contains information, which is confidential to Brisbane City Council, and Marsh Pty Ltd.
Accordingly, we trust you will understand this manual is provided to Brisbane City Council, and its officers, employees
and representatives in confidence and may not be reproduced in any form or communicated to any other person, firm or
company (unless in accordance with the Tender Invitation) without the prior approval of Marsh Pty Ltd.
PRIVACY
Marsh and our associated entities value the privacy of your personal information and are committed to handling your
personal information in accordance with the Australian Privacy Principles and the Privacy Act. Full details of how we
collect, hold, use and disclose personal information about an individual is available in our Privacy Policy at the Legal
Notices section of www.marsh.com.au.
The Privacy Officer
Marsh Pty Limited
PO Box H176, Australia Square NSW 1215
Ph: 02 8864 7688 | Fax: 02 8864 7626 | Email: privacy.australia@marsh.com
Introduction
This manual is intended to provide a working summary of Brisbane City Council’s Principal Arranged
Construction Insurance program for the period 11th August 2015 - 30th June 2016. The details shown
for the various policies are incomplete in detail and do not over-ride or alter the terms of the policies.
The full terms and conditions are contained in the policy documents and it is essential that these be
read carefully, with particular attention to the exclusions.
Please contact Marsh, if you have any doubts about the scope of cover or the services we provide.
Katrina Markey | Senior Account Executive
Ph: +61 7 3115 4554 | Fax: +61 7 3115 4500| Email: katrina.markey@marsh.com
Issuing Office:
Marsh Pty Ltd
ABN 86 004 651 512
123 Eagle Street
BRISBANE QLD 4000
GPO Box 2743
BRISBANE QLD 4001
www.marsh.com.au
Date of Issue:
25 August 2015
Table of Contents
Marsh Service Team ..................................................................................................................... 5
Important Notices .......................................................................................................................... 6
Construction Insurance Program .................................................................................................10
Annual Contract Works................................................................................................................10
Annual Construction Liability .......................................................................................................13
Marsh Service Team
A platform of the Marsh approach is the provision of personal service through a dedicated service
team who are totally focussed on your business. Your service team is:
GENERAL INSURANCE CONTACTS
Jamie Coughlan
Telephone: (07) 3115 4530
Managing Principal - Mining
Facsimile: (07) 3115 4500
Mobile: 0412 365 630
Email: jamie.coughlan@marsh.com
Stacey Lloyd
Telephone : (07) 3115 4536
Principal - Mining
Facsimile : (07) 3115 4500
Mobile: 0450 769 405
Email : stacey.lloyd@marsh.com
Katrina Markey
Telephone: 07 3115 4554
Senior Account Executive –
Construction
Facsimile : 07 3115 4500
Mobile: 0415 679 752
Email : katrina.markey@marsh.com
Marsh Office
Marsh Pty Ltd
ABN 86 004 651 512
123 Eagle Street
BRISBANE QLD 4000
GPO Box 2743
BRISBANE QLD 4001
www.marsh.com.au
Our Website
Visit our website at www.marsh.com.au for information about our extensive range of products and
services.
Marsh | Brisbane City Council 5
Important Notices
We would like to remind you that your Duty of Disclosure applies now and throughout the period of insurance.
Therefore, we ask you to read all of the general and policy specific notices as listed below. Please let us know
immediately if you have any questions or need to make further disclosure.
Your Duty of Disclosure – Contracts of General Insurance subject
to the Insurance Contracts ACT
Before you enter into a contract of general insurance with an insurer, you have a duty, under the
Insurance Contracts Act 1984, to disclose to the insurer every matter that you know, or could
reasonably be expected to know, is relevant to the insurer's decision whether to accept the risk of the
insurance and, if so, on what terms.
You have the same duty to disclose those matters to the insurer before you renew, extend, vary or
reinstate a contract of general insurance.
Your duty, however, does not require disclosure of matters:

that diminish the risk to be undertaken by the insurer,

that are of common knowledge,

that your insurer knows or, in the ordinary course of its business, ought to know, or

as to which compliance with your duty is waived by the insurer.
Non-Disclosure
If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce its liability under
the contract in respect of a claim, or may cancel the contract.
If your non-disclosure is fraudulent, the insurer may also have the option of avoiding the contract from
its beginning.
Please note that your duty to disclose applies also when you amend, alter, vary or endorse a policy.
Disclosure – Subsidiary & Associated Companies
Your Duty of Disclosure - Cover which is arranged for subsidiary and/or associated companies in
addition to named insureds.
If you enter into a contract of insurance on behalf of any subsidiary and/or related company of the
named insured, that subsidiary and/or related company has the same duty of disclosure as the named
insured. We recommend that you ensure that each subsidiary and/or related company is made aware
of the duty of disclosure and given an opportunity to make any necessary disclosures.
Utmost Good Faith
Every insurance contract is subject to the doctrine of utmost good faith, which requires that parties to
the contract should act toward each other honestly and fairly, avoiding any attempt to deceive in
assuming and performing contractual obligations.
Failure to do so on the part of the insured may permit the insurer to refuse to pay a claim or to cancel
the policy or both.
Essential Reading of Policy Wording
We will provide you with a full copy of your policy as soon as it is received from the insurer.
It is essential that you read this document without delay and advise Marsh Pty Ltd in writing of any
aspects which are not clear or where the cover does not meet with your requirements.
Marsh | Brisbane City Council 6
Change of Risk or Circumstance
It is vital that you advise the insurer of any changes to your company's usual business. For example,
insurers must be advised of any

mergers or acquisitions,

changes in occupation or location,

new products or services, or

new overseas activities.
If you are in doubt as to whether to notify your insurer of a change in business operations, please
consult Marsh.
Please note that your duty to disclose applies also when you amend, alter, vary or endorse a policy.
Subrogation
Some policies contain provisions that either exclude or reduce the insurer’s liability for a claim if you
waive or limit your rights to recover damages from another party in relation to any loss.
You may prejudice your rights with regard to a claim if, without the prior agreement from your insurers,
you make any agreement with a third party that will prevent the insurer from recovering the loss from
that, or another party.
If you have such agreements, we may be able to negotiate with the insurer to permit them and
therefore we request you advise Marsh of their existence.
Examples of such agreements are the ”hold harmless” clauses which are often found in leases, in
maintenance or supply contracts from burglar alarm or fire protection installers and in repair contracts.
If you are in doubt, please consult Marsh.
Un-named Parties
Most policy conditions will exclude indemnity to other parties (eg. mortgagees, lessors, principals, etc.)
unless their interest is properly noted on the policy.
If you require the interest of a party other than the named insured to be covered, you must specifically
request this.
Trade Sanctions
Marsh is unable to provide insurance or reinsurance broking, risk consulting, claims or other services
or provide any benefit to the extent that the provision of such services or benefit would violate
applicable law or expose Marsh or its affiliates to any sanction, prohibition or restriction under UN
Security Council Resolutions or under other trade or economic sanctions, laws or regulations.
Privacy Notice
Marsh Pty Ltd (ABN 86 004 651 512 AFS licence number 238 983) and our associated entities value
the privacy of your personal information and we are committed to handling your personal information
in a responsible way in accordance with the Australian Privacy Principles (APPs) and the Privacy Act
1988 (Cth). Full details of how, when and from where we collect, hold, use and disclose personal
information is available in our Privacy Policy at the Legal Notices section of www.marsh.com.au. Our
Privacy Policy also contains information about how you may complain about a breach of the APPs and
our complaint handling process.
In the course of performing our business activities including providing insurance and risk services such
as arranging insurance policies and advising on insurance options, reinsurance, managing claims or
consulting on other risks for our clients and those of our associated entities, insurers and other
insurance intermediaries we (and our authorised agents) may collect or disclose your personal
information from or to other persons, which include:

a person authorised by you;

a third party such as your employer;
Marsh | Brisbane City Council 7


our employees, authorised representatives, associated entities and contractors and other
business support service providers for the purposes of the operation of our business;
insurers, reinsurers; other insurance intermediaries and premium funders;

persons involved in claims such as solicitors, assessors, repairers, builders, investigators, your
employer or medical practitioners and rehabilitation providers; or

government bodies, regulators, the Financial Ombudsman Service, law enforcement agencies and
any other parties where required or authorised by law.
Marsh may also collect and disclose your personal information for other purposes as outlined in our
Privacy Policy, which includes marketing activities. We will only use and disclose your personal
information for a purpose permitted by law or that you would reasonably expect. We will request your
consent for any other purpose.
When you give Marsh personal information about other individuals, we rely on you to have made them
aware that you will or may provide their information to us, the purposes for which we use it, the types
of third parties we disclose it to and how they can access it (as described in this notice). If it is
sensitive information we rely on you to have obtained their consent to these matters. If you have not
done these things, you must tell us before you provide the relevant information.
If you do decide not to provide us with the information required we may not be able to provide a
service or arrange a product.
Your personal information may be disclosed to our associated entities, service providers, insurers,
reinsurers and other insurance intermediaries located in countries outside of Australia. The countries
this information may be disclosed to will vary from time to time, but may include the United Kingdom,
the United States, Canada, India for business support services and international insurance market
hubs in Bermuda, Brazil, China, Dubai, Hong Kong, Ireland, Japan, Singapore, South Korea, United
Kingdom, and the United States. We take reasonable steps to ensure that overseas recipients of your
information do not breach the privacy obligations relating to your personal information.
By continuing to engage us, you confirm that you have read this Notice and the Marsh Privacy Policy
available on our website and you authorise and consent to Marsh collecting, holding, using and
disclosing any personal information related to your application for insurance in accordance with those
terms, including for the purposes explained and to the persons and authorised third parties identified.
You may modify or withdraw your consent at any time by contacting our Privacy Officer (whose details
are outlined in the Privacy Policy and Notices). If you do not give us consent or subsequently modify
or withdraw your consent, we may not be able to provide you with the products or services you want.
If you have any questions or comments in relation to Privacy or if you wish to access your personal
information or update it please contact our Privacy Officer by:
Email – privacy.australia@marsh.com
Phone – (02) 8864 7688
Post – PO Box H176, Australia Square NSW 1215
What should you do if you have a Complaint?

Contact us and tell us about your complaint. We have our own internal dispute resolution
procedure, a copy of which is available upon request. In the first instance you should address any
concern or complaint to the Marsh representative servicing your account. Alternatively, you may
contact the Marsh Complaints Officer on (03) 9603 2338.

If your complaint is not resolved to your satisfaction, the matter will be referred to the Marsh
Complaints Officer to investigate and take appropriate action. You will be advised within 15
working days of our decision. If the matter is complex and a longer period is required you will be
informed.

We are a member of an external dispute resolution scheme. If your complaint cannot be resolved
to your satisfaction by us you may be able to refer the matter to the free consumer service offered
by this scheme.
Marsh | Brisbane City Council 8
You may be able to refer your complaint to the Financial Ombudsman Service (FOS) Limited,
which is a national scheme for consumers aimed at resolving disputes between clients and their
broker or insureds and their insurance companies or claimants who have a dispute with another
person’s insurance company in relation to motor vehicle property (i.e. third party) claim. The FOS
also provides advice and other information about general insurance matters.
If you have any query about whether your complaint can be handled by FOS, call 1300780808 or
e-mail info@fos.org.au.
Events Occurring Prior to Commencement
Some policies provide cover on an “occurrence” basis. Your attention is drawn to the fact that such
policies do not provide indemnity in respect of events that occurred prior to commencement of the
contract.
Marsh | Brisbane City Council 9
Construction Insurance Program
Annual Contract Works
This coverage summary is prepared as a brief outline of the proposed cover. It is not a complete description of all the
policy’s terms, conditions and exclusions which determine coverage for a claim.
Insured:
Brisbane City Council and/or subsidiary companies as Principal
All contractors and subcontractors to the extent of their activities in relation to the
Insured Projects
Architects, engineers, other consultants and suppliers whilst on site, but only whilst
acting within the scope of their duties in connection with the Insured Projects
Any other party or person as required by contract or agreement
Insured Projects:
All contracts and/or work of every kind and description relating to the Principal’s
capital works program incorporating building and civil works within council
municipality and all other occupations and activities incidental thereto commenced
during the period of insurance.
Duration of Policy:
th
From 4:00pm Australian Eastern Standard Time on 11 August 2015
th
To 4:00pm Australian Eastern Standard Time on 30 June 2016
Insurer:
Covering:
Name
Policy No.
Chase Underwriting Pty Ltd on behalf of
ACE Insurance Limited
04IK701605
%
100%
Construction Period
Physical loss of, damage to or destruction of the Contract Works, from an event not
otherwise excluded by the Policy.
Maintenance/Defects Liability Period
Physical loss of, damage to or destruction of the Property Insured, from an event not
otherwise excluded by the Policy, as a result of the Insured complying with his/their
obligations under the Maintenance/Defects Liability provisions of the contract or
agreement.
Maximum Construction Period:
36 months any one contract, including any testing and commissioning periods
Maximum Defects Liability
Period:
24 months any one contract
Maximum Testing &
Commissioning Period:
4 weeks any one contract
Property Insured:
All real and personal property of every kind and description, not excluded in the
Policy, including:

All materials, goods, equipment and supplies (including owner Supplied
Materials) forming a permanent part of, or which will form a permanent part of,
the Interest Insured;

All temporary works and/or structures erected, installed and/or constructed by
the Insured for the purpose of completing the Interest Insured, including but not
limited to, props, slipform, shuttering, formwork, falsework, hoardings, bunding,
bridging and the like;

Contract consumables, including, but not limited to, oil, petrol, first aid
equipment, safety boots and the like;

All plans, files, records, specifications and the like pertaining to the Interest
Marsh | Brisbane City Council 10
Insured, be they in book or similar document form, or held on computer
software;

Principal supplied temporary buildings (inclduing site offices, portable houses,
caravans, mess accomodation, workers’ camp, stores and workshops) together
with their contents of all such temporary buildings
owned by the Insured, or in the Insured's care, custody or control, or for which the
Insured is legally liable or has assumed the responsibility to insure, and which is to
be used in the course of construction of, or in connection with, or for the purpose of,
the Interest Insured.
Territorial Limits:
Anywhere in the Commonwealth of Australia, including whilst in transit (other than
ocean marine shipment) between any places therein.
Limits of Liability:
Sums Insured
Contract Works
$30,000,000 any one
Occurrence
Except for the following which are limited to:
Sub-Limits of Liability:
Wet Works
$12,500,000 any one
Occurrence
Bridge Work
$10,000,000 any one
Occurrence
The following shall be additional to the above Sum Insured
Professional Fees
$3,000,000 any one
Occurrence
Removal of Debris
$3,000,000 any one
Occurrence
Temporary Protection and/or Government Expenses
$1,500,000 any one
Occurrence
Expediting Expenses
20% of loss, maximum
$6,000,000 any one
Occurrence
Escalation Allowance
Search and Locate Costs
15%
$3,000,000 any one
Occurrence
Claims Preparation Costs
$1,000,000 any one
Occurrence
Fire Extinguishment Costs
$2,000,000 any one
Occurrence
Construction Plant & Equipment
Plans and Documents
Not Insured
$500,000 any one
Occurrence
Loss Prevention
10% of contract value, any
one Occurrence
Existing Property
$10,000,000
Marsh | Brisbane City Council 11
Included within the Sum Insured Above
Transit
$1,000,000 any one
Occurrence
Temporary / Offsite Storage
$3,000,000 any one
Occurrence
Excess
LEG3 Claims
$500,000 each and every claim
Major Perils Claims
$250,000 each and every claim
All other claims
$50,000 each and every claim
Policy Wording:
Marsh Annual Contract Works Manuscript Policy Wording
Special Conditions:
Notwithstanding the expiry date of this insurance, policy cover will continue for all
contracts and/or work insured commenced during the Duration of Policy until the
contract and/or work has achieved final completion.
Basis of Settlement:
Replacement and/or Reinstatement, and Extra Costs of Reinstatement made
necessary by Act of Parliament, Regulation or By-Law. These Conditions shall be in
accordance with the Policy unless otherwise agreed.
Endorsements:

Unsealed Roads Limitation – 1km per section and 5km in the aggregate per
contract

Open Trenches, Pipes, Cables & Ducts Limitation – 1km per open trench and
5km in the aggregate per contract and the following conditions must be met:
-
Immediately after pipes have been laid, cables and ducts are secured
against displacement by flood or inundation;
Cancellation:
-
Pipes and ducts are plugged and manholes are closed in such a manner
to prevent the ingress of water or other foreign bodies;
-
Trenches are backfilled immediately after completion of the last tests

Normal Action of the Sea – insurers shall not provide indemnity for loss or
damage resulting from normal action of the sea, which means the state of the
sea manifests itself up to number 8 on the Beaufort scale

Overtopping of Cofferdams – insurers shall not provide cover in respect of loss
or damage arising from the overtopping of a cofferdam caused by a flood with a
return period of less than 20 years
Insured - at any time
Insurer – 60 Business Days
Marsh | Brisbane City Council 12
Annual Construction Liability
This coverage summary is prepared as a brief outline of the proposed cover. It is not a complete description of all the
policy’s terms, conditions and exclusions which determine coverage for a claim.
Insured:
Brisbane City Council and/or subsidiary companies as Principal
All contractors and subcontractors to the extent of their activities in relation to the
Insured Projects
Architects, engineers, other consultants and suppliers whilst on site, but only whilst
acting within the scope of their duties in connection with the Insured Projects
Any other party or person as required by contract or agreement
Insured Projects:
All contracts and/or work of every kind and description relating to the Principal’s
capital works program incorporating building and civil works within council
municipality and all other occupations and activities incidental thereto commenced
during the period of insurance.
Duration of Policy:
From 4:00pm Australian Eastern Standard Time on 11 August 2015
th
To 4:00pm Australian Eastern Standard Time on 30th June 2016
Insurer:
Covering:
Name
Policy No.
Liberty International Underwriters
BN-CAS-15469091
%
100%
The Insured’s legal liability to pay damages and/or compensation in respect of:
-
-
Personal Injury;
-
Property Damage;
Interference to property or the enjoyment of use thereof by obstruction,
stoppage of traffic, trespass, loss of amenities, nuisance, infringement of
light or air, easement or quasi easement, interruption, denial of access,
loss of trade or other deprivations,
In connection with the Insured Projects happening anywhere in the territorial limits
during the period of insurance
Maximum Construction Period:
36 months any one contract, including any testing and commissioning periods
Maximum Defects Liability
Period:
24 months any one contract
Maximum Testing &
4 weeks any one contract
Commissioning Period:
Referral Contracts:
Territorial Limits:
The following contracts are to be referred to the insurer prior to commencement:

Projects involving tunnelling (tunnelling means the construction of underground
passageways, subways and.or roads used for the movement of pedestrians or
vehicular traffice that is open at both ends and constructed by boring, drilling,
excavating or digging through the earth or any construction using horizontal
directional drilling

Bridge contracts exceeding $30,000,000 contract value

All other contracts exceeding $30,000,000 contract value
Anywhere in the Commonwealth of Australia
Marsh | Brisbane City Council 13
Limits of Liability:
$50,000,000 any one Occurrences or series of Occurrences arising out of the one
event / unlimited in aggregate with respect to the number of Occurrences during the
policy period
But limited to $50,000,000 in the aggregate for one Occurrence or series of
Occurrences arising out of the one event with the respect to Completed Operations
Excess
Claims for Personal Injury to contractors, subcontractors,
or labour hire personnel
$100,000 any one Occurrence
All other claims
$25,000 any one Occurrence
Policy Wording:
Marsh Annual Construction Liability Manuscript Policy Wording
Special Conditions:
Notwithstanding the expiry date of this insurance, policy cover will continue for all
contracts and/or work insured commenced during the Duration of Policy until the
contract and/or work has achieved final completion.
Cancellation:
Insured - at any time
Insurer – 60 Business Days
Marsh | Brisbane City Council 14
Copyright 2013 Marsh Pty Ltd.
All rights reserved.