Försäkringsplikt i kommersiella entreprenadavtal

Sammanfattning: Construction projects are generally designed as a general contract or a complete contract. In a general contract the commercial contract that is being used is AB 04 and related advice and instructions, AMA AF 07. In AB 04 there is an insurance requirement that stipulates that the contractor shall take all risks and liability insurance for the contract where the client must be co-insured. Construction law is almost exclusively regulated by the various standard contracts, one of those is AB 04. The Construction Contracts Committe is an organization that has published the standard contracts in this area of law and also the advice and instructions to help the parties to understand the agreements. The insurance requirement occurs in an area of law that is complex and the meaning of the concept is not entirely clear, nor which of the parties’ interests and responsibilities that are covered by the types of insurances that are provided by the insurance requirement. This can create problems for the contractor and his client because the possibility exists that neither party knows what protection, or the extent of that protection, that the insurance obligation provides for the contract. The essay investigates the meaning and consequence of the insurance obligation by discussing how the insurance obligation is portrayed by the literature that is published in this field of law. To investigate the meaning of the insurance obligation it is in my opinion important to also describe the meaning of the insured interest, some of the different types of liability that the parties may have and also the meaning of minimum coverage that are possible to have with the two types of insurance. Insurance terms from two different insurance companies, If and Zurich, is compared with the minimum of coverage possible in AMA AF 07 to determine wheter the insurance terms are compatible whit AMA AF 07 and the consequences that occur for the policyholder in the event that the insurance terms are not compatible.