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Assisting on whole of government technology agreements November 2, 2017

Maddocks advised the Commonwealth Government’s Digital Transformation Agency (DTA) on its whole of government purchasing agreement with SAP. The DTA was set up in 2015 to assist government departments and agencies with digital transformation and … Continued

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Construction and Projects special counsel joins Maddocks January 17, 2018

17 January 2018 Maddocks has appointed Sefton Warner as a special counsel in the firm’s Construction and Projects team. Sefton brings to Maddocks extensive front-end construction projects experience, having worked on a number of major … Continued

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2017: In Review – The biggest tech trends and events of the year January 17, 2018

2017 has been another frenetic and significant year for the technology sector. In keeping with Commvault and Maddocks’ joint mission to deliver you practical guidance, our end of year wrap-up highlights the most significant technology … Continued

‘Noted’ versus ‘Named’ – Is there a difference?

‘Noted’ versus ‘Named’ – Is there a difference?

Do tenderers ever meet council’s insurance requirements?!

For example, many Australian Standard form contracts require that public liability insurance be taken out in the joint names of the principal and contractor. In our experience, this requirement is often resisted by contractors who say that the relevant insurance cannot be effected in joint names and the only option is to note the interests of the principal.

Luckily, this may not be the end of the world. Being noted (versus named) on a policy can still allow councils to claim on that policy.

This is because section 48 of the Insurance Contracts Act 1984 (Cth) entitles a person noted on the policy to make a claim on the policy for a loss.

Practically, whether or not Council should accept being noted only (vs named) will depend on the circumstances of each transaction.

What does your council do when a tenderer resists your council’s required insurance?  What steps do you take before you agree to your council being noted on a contractor’s insurance policy?

Authors:
Louisa Nuccitelli | Senior Associate
61 3 9258 3591
louisa.nuccitelli@maddocks.com.au
Kathryn Sutherland | Lawyer
61 3 9258 3692
kathryn.sutherland@maddocks.com.au

‘Noted’ versus ‘Named’ – Is there a difference?

Do tenderers ever meet council’s insurance requirements?!

For example, many Australian Standard form contracts require that public liability insurance be taken out in the joint names of the principal and contractor. In our experience, this requirement is often resisted by contractors who say that the relevant insurance cannot be effected in joint names and the only option is to note the interests of the principal.

Luckily, this may not be the end of the world. Being noted (versus named) on a policy can still allow councils to claim on that policy.

This is because section 48 of the Insurance Contracts Act 1984 (Cth) entitles a person noted on the policy to make a claim on the policy for a loss.

Practically, whether or not Council should accept being noted only (vs named) will depend on the circumstances of each transaction.

What does your council do when a tenderer resists your council’s required insurance?  What steps do you take before you agree to your council being noted on a contractor’s insurance policy?

Authors:
Louisa Nuccitelli | Senior Associate
61 3 9258 3591
louisa.nuccitelli@maddocks.com.au
Kathryn Sutherland | Lawyer
61 3 9258 3692
kathryn.sutherland@maddocks.com.au