Article | REF: AG3254 V1

Engineering contracts - Appendix 1: Administrative provisions

Author: Gilles CASTAN

Publication date: January 10, 2005

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5. Liability and insurance

5.1 Liability

The purpose of the prime contractor's liability is to make good any loss resulting from defective performance of the Services.

Example

General comments on the principle of responsibility :

If the Contract is silent, the prime contractor's liability (Liability or Responsibility) essentially concerns the design of the Product that he has created and/or the supervision of its realization by the Contractors. Unless a rule of public order applies, such as the ten-year warranty for reputed "builders", it does not cover the actual execution of the Product itself (as carried out by the Contractors!). This is all too frequently omitted by certain economic operators (see comments at §...

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Liability and insurance