The new 3rd edition of Nael Bunni’s Risk and Insurance in Construction, now co-authored with Lydia Bunni, explains the need for insurance in construction and engineering projects and why it must be incorporated into the Conditions of Contract for such projects. It is unique in bringing together the background of the two topics of "Risk" and "Construction Insurance", explaining the flow and the interaction between them and then dealing with how they have been used to formulate the 2017 FIDIC Suite of Contracts and the 2021 Green Book.
This edition has been fully updated and new chapters deal with the latest definitions of "Risk" outlined in ISO 31000: 2009 and specifically explains the principles embodied in the new Clauses 17, 18 and 19 of the Major Suite of the FIDIC Forms of Contract and how they should be used. An important chapter is included discussing the logical transition from decision making to risk identification to responsibility for those allocated with particular risks, to the potential liability that results. This includes discussing particular liabilities that may arise for parties typically involved in construction and engineering projects, including developers, owners, contractors and designers. This part of the book links insurance to the law and explains the interaction between the two topics. The correlation between liability and the need for indemnity, which can only be provided properly through insurance, is highlighted.
The book is essential reading for practitioners from both the engineering profession and the insurance industry in all types of projects. Engineers who are required to use one of the Major Forms of the FIDIC Suite of Contracts, whether they are designers or contractors, and those involved in the insurance sector, whether brokers, claim consultants or insurance company personnel, will find this book to be an indispensable reference.
Table of Contents
1. Interaction Between Construction, Insurance, and Law 2. Hazards and Risks 3. The Spectrum of Hazards and Risks in Construction 4. The Risks as Allocated & Classified in Standard Forms of Construction Contracts 5. Responsibility and Liability in Construction 6. Indemnity and Insurance 7. The Insurance Scene 8. The Insurance Clauses in the Various FIDIC Standard Forms of Contract 9. The Insurance Clauses of the 1999 FIDIC Forms of Contract 10. The Risk and Insurance Clauses of the 2008 Gold Book 11. The 2017 FIDIC Forms of Contract - White, Red, Yellow, and Silver Books 12. The Risk and Insurance Clauses of the New 2017 FIDIC Forms of Contract - Clause 17 13. The Risk and Insurance Clauses of the 2021 Green Book 14. Insurance Covers Required Under the FIDIC Suite of Contracts 15. Professional Indemnity Insurance 16. Alternative Methods of Insuring
Nael G. Bunni is a Chartered Engineer, Registered Chartered Arbitrator and Conciliator. He is also a visiting professor in construction law and contract administration at Trinity College Dublin. He is past president of the Association of Consulting Engineers of Ireland (1987-88); past president of the Chartered Institute of Arbitrators (2000-01); and past chairman of its Irish branch (1986-89); and a member of the Board of Directors of the LCIA (1994-2007). Over the last 25 years, Nael Bunni has been closely involved in FIDIC issues related to risk, liability, insurance, contracts, and dispute resolution. He was involved in the development of the 1999 suite of FIDIC contracts. He was a full member of the FIDIC Contracts Committee from 2004-2009, and has been a Special Advisor to the committee since then, especially on insurance and related matters. He has also been closely involved in the development of insurance clauses within the recently published 2017 Suite of FIDIC contracts and the 2021 Edition of the Green Book. In 2018 he received the FIDIC Louis Prangey Award, the highest recognition for dedicated service to FIDIC.
Lydia B. Bunni is a Barrister practicing in Ireland specialising in Construction Law, Arbitration and Dispute Resolution, Environmental Law and Planning. Lydia was one of the founding members of the Construction Bar Association of Ireland and remains on the Executive Committee, serving as its Treasurer of the Association. Lydia delivers lectures on the construction law and contract administration diploma, Trinity College Dublin and to the School of Architecture at University College Dublin. Lydia is also a Tutor on the Barrister at Law Degree Course with the Honourable Society of Kings Inns. In September 2020, Lydia was appointed by the Minister for Housing and Local Government to the Pyrite Resolution Board.
"This book is an essential guide to the thorny issue of insurance and risk taking on construction sites. The authors provide a clear and illuminating explanation of risk and its mitigation in construction contracts, a subject rarely seen in other publications. This is the Third Edition and has been revised to cater for the changes resulting from publication of FIDIC’s latest version of their standard forms. It is highly recommended for those practitioners and students of this subject" - Brian Barr, FICE, UK
"Risk and by extension Insurances in International Construction Projects are becoming ever more prominent and their impact ever more significant. You want to understand the myriad of complexities? This is the book to buy." - LM Grutters, FCIArb, UK