The contract of a project clearly states that the insurance rate of all risks of construction projects is 028% shall be implemented, and shall be included in the total ** of the bid filled in by the contractor when bidding, and the employer will no longer pay separately. Third-party liability insurance is insured according to the minimum insurance amount of 1 million yuan, and the insurance rate is 025%, the number of accidents is not limited, and the insurance has been included in the total number of bids filled in by the contractor when bidding, and the employer will no longer pay separately. If the contractor cannot provide an insurance policy at the time of settlement, should the insurance premium of all risks and the third party liability insurance premium of the construction project be deducted according to the agreed rate?
Keywords: engineering insurance
It has been clearly stipulated in the contract that the insurance shall be implemented at a certain rate and included in the total bid price, and the employer will no longer pay it separately. Therefore, through the insurance cost, it is certain that there is still ** outside the list, and many times some more specific expenses will be agreed in the contract.
First, although the insurance cost is not paid to the contractor through a separate account, it is already included in the total contract amount, and the contractor can consider it in a certain sub-item or in the management fee. Now the contractor has not purchased insurance in the process of performing the contract, and the contractor is in breach of contract, and we say that the breach of contract does not necessarily have to produce some kind of consequence to be considered a breach of contract, and the breach of contract can be set for specific breach of contract, as long as the circumstances agreed in the contract are satisfied, it constitutes a breach of contract. The contractor shall be liable for breach of contract. Article 577 of the Civil Code stipulates that: "If a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." This includes liability for breach of contract for reducing the price, which can be reduced since the contractor has not performed.
From the second point of view, if the contractor did not purchase construction insurance during the performance of the contract, and the employer did not require it to purchase construction insurance, it can actually be considered that the two parties have changed the original contract by an agreement by the actual performance of the contract, and changed the agreement in the original contract that the construction insurance was required to be purchased to not need to be purchased. In this way, since there is no need to fulfill the obligations of the original contract regarding the purchase of insurance, the expenses that do not need to be fulfilled should be deducted. To sum up, no matter from which point of view, the construction project all risk insurance costs and third party liability insurance premiums should be deducted.
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