Specialist JCT insurance · Non-negligence cover & contract protection · 0208 909 2899

JCT Clause 6.5.1
insurance

Non-negligence insurance under JCT Clause 6.5.1 protects the employer against claims for damage to neighbouring property caused by collapse, subsidence, heave, vibration, weakening or removal of support, or lowering of ground water, where the contractor was not negligent. When the contract calls for it, the contractor takes it out in joint names. We arrange it, and check the contract wording first.

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Who We Work With

Construction professionals of every size

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Main Contractors

When your contract calls for Clause 6.5.1 cover, through the contract particulars and an instruction under the Standard and Intermediate forms, or the employer’s requirements under design and build, you take out the policy in joint names with the employer. We arrange it alongside your contractors combined cover. Some combined policies include a limited 6.5.1 extension, and some exclude piling or underpinning or cap the limit, so we check your policy against each contract.

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Developers and Employers

As the employer, 6.5.1 cover protects you against neighbours’ claims for damage your project causes where the contractor was not negligent. We explain what to ask your contractor for, and check the policy they provide.

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Basements, Piling and Party Walls

Work next to other buildings, such as basements, underpinning, piling and demolition, is where 6.5.1 claims arise. Insurers will want site investigation and method details, your structural engineer’s input and a schedule of condition of the buildings next door.

What We Cover

What Clause 6.5.1 insurance covers

Collapse and Subsidence

Damage to neighbouring or other property caused by collapse or subsidence arising from the works.

Heave and Vibration

Damage caused by ground heave or by vibration from the works, for example from piling or demolition.

Weakening or Removal of Support

Damage caused when the works weaken or remove support to adjoining property, such as during excavation or underpinning.

Lowering of Ground Water

Damage caused by the works lowering the ground water beneath nearby property.

A Joint Names Policy

The policy is in the joint names of the employer and contractor, for the amount of indemnity stated in the contract particulars.

What It Does Not Cover

Typical exclusions include damage caused by negligence of the contractor or anyone working for it (that is for public liability), design errors, damage that could be foreseen as inevitable given the work, damage to the works or to an existing building the employer insures under Option C, liability taken on only because of a contract, war and nuclear risks, and pollution unless it comes from a sudden, identifiable incident.

The Risk

Why JCT 6.5.1 matters

When the Clause Applies

Under the Standard and Intermediate forms, Clause 6.5.1 applies only where the contract particulars say the insurance may be required and the architect or contract administrator instructs the contractor to take it out, and the premium is added to the contract sum. Under a design and build contract there is no instruction: if the employer’s requirements say the insurance is required, the contractor must take it out from the start, so its cost belongs in the tender price. Either way, the contractor must keep it in place, and it should be in place before the work that creates the risk begins.

Without it, a neighbour whose building cracks during the works, where the contractor was not negligent, may have a claim against the employer that the contractor’s public liability insurance will not answer, because public liability responds only where the contractor is legally liable.

Where 6.5.1 Claims Come From

  • Cracking to a neighbouring house during basement excavation
  • Settlement of an adjoining wall during underpinning
  • Damage to nearby buildings from piling vibration
  • Subsidence after the water table is lowered on site
  • Movement in a party wall as support is removed

Whether a claim is paid depends on the policy terms. Damage that could be foreseen as inevitable from the way the work is done is excluded, which is why a schedule of condition of neighbouring buildings, taken before work starts, matters so much.

Why Choose Forum

Why construction professionals trust us

01

Construction specialists

We arrange contractors’ and JCT insurance with insurers experienced in construction claims and contract wording, from a 30+ insurer panel.

02

Contract review before renewal

Contract terms change year on year. We review your latest contracts before renewal so your cover matches the obligations you are taking on.

03

One broker for every risk

Contractors combined, professional indemnity, JCT, structural warranty, legal indemnity — we place all of it. One broker, one renewal conversation, and one view across your policies.

04

Decades of construction claims

Construction claims are complex: multiple parties, contract conditions, disputed liability. We help you present them properly from the first call.

Claims Support

When you have a claim, we handle it.

Construction claims are won on speed and evidence. First notification to the insurer, correct handling of evidence, and expert management of all parties — this is where claims are won or lost.

Our team manages the full claim from notification through to settlement, working with loss adjusters, surveyors, and the insurer to ensure you get the cover you're entitled to.

Claims Support →
STEP 01

Call us immediately

As soon as you become aware of a potential claim, call us. Early notification to the insurer is critical for cover and for evidence preservation.

STEP 02

We notify the insurer, then review your contract

We tell the insurer straight away, then review your contract conditions alongside the claim, because they often shape how it should be presented and protect your position.

STEP 03

We manage all parties

Loss adjusters, engineers, surveyors, legal advisers — we coordinate the full process and ensure no party acts in a way that prejudices your claim.

STEP 04

We fight for a fair settlement

We check settlement offers against the policy wording and challenge any that don't reflect what you're entitled to.

Common Questions

JCT 6.5.1 FAQs

Where the contract particulars say it may be required and the architect or contract administrator instructs it (or, under a design and build contract, where the employer’s requirements say it is required), the contractor must take out and maintain a joint names policy, for the amount of indemnity stated, covering the employer against claims for damage to property caused by collapse, subsidence, heave, vibration, weakening or removal of support, or lowering of ground water arising from the works, where the damage was not caused by the negligence or default of the contractor or anyone it is responsible for. Under the Standard and Intermediate forms the premium is added to the contract sum; under design and build it is priced into the tender.
No. It is only required where the contract calls for it: under the Standard and Intermediate forms, when the contract particulars say so and the architect or contract administrator instructs it; under design and build, when the employer’s requirements say so. Some JCT contracts, such as the minor works and homeowner forms, deal with insurance differently, so check the contract you are signing. We can check it for you.
Contractors combined insurance covers your public and employers’ liability and the works. Public liability responds only where you are legally liable, usually through negligence. Clause 6.5.1 insurance fills the gap where neighbouring property is damaged and the contractor was not negligent. Many contractors hold both. Some combined policies include a limited 6.5.1 extension, and some exclude piling or underpinning or cap the limit, so we check your policy against each contract.
No. Professional indemnity covers claims arising from negligent design or advice. Clause 6.5.1 insurance covers damage to other property caused by the works, through the perils the clause lists, where the contractor was not negligent, and it excludes design errors. If you design under a design and build contract, you may need professional indemnity as well.
Once the contract calls for it, it must stay in place. Policies normally cover the period of the works, and many also cover the defects period after practical completion, but not years afterwards. Send us the contract and your programme and we’ll match the policy to both.
Yes. Under the Standard and Intermediate forms it is often arranged once the architect or contract administrator instructs it; under design and build, the employer’s requirements will already say whether it is needed. Have it in place before the work it relates to begins, and allow time for underwriting: insurers usually want a proposal form completed with your structural engineer, site investigation reports, structural drawings, method statements, details of temporary works, a schedule of condition of neighbouring buildings and any party wall award.
Premiums depend on the project, the ground conditions, the work being done near neighbouring buildings and the amount of indemnity required. There is no standard price. Because the premium is normally added to the contract sum, or priced into the tender under design and build, it is worth getting a quote early.

Ready to get the right cover in place?

We handle the quotes, the underwriting submission and the contract review, in one conversation.

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