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insurance

Luxembourg

CategoryDetails
Member organisation(s): OAI Ordre des Architectes et des Ingénieurs Conseils Obligation to insure? Yes, (Compulsory by the Art. 6 of the Act of 13/12/1989. POAI (professional) i PMA) Legal Obligation to insure? Yes, (law of 13 december 1989)
Legal Basis: Commonly used Term and Conditions: Law on Construction?? What are the requirements needed in order to obtain an Insurance? – Calculation of insurance premium: – Rate applied to fees – Rate on the value of construction works – Based on fixed priceContractual liability: – Liabilities before and/or during the works: Yes, in respect of the budget and in respect of the programme. – The end of the construction phase as a point of departure for a period of specific liabilities? Yes Acceptance of the works verbally or tacitly Liabilities after work: – Harm to the structure (to its soundness or stability): Yes, 10 years for large projects, 2 years for minor projects – Unsuitability for the function: No – Hidden defects: Yes, 10 years for large projects, 2 years for minor projects
Forms of Insurance contract: – Subscription contract for all liabilities in a predefined period – Cover for architect in a specific projectJoint and several (in solidum) liability: Yes, Derogation by contract is possible Does the insurer respond to a claims made or claims rising basis?
Insurances / AgentsDuration of Liability: – Professional client: 10 years – Consumer client: 10 years – Liability during and after construction: 10 years

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