Museum of Shenandoah Valley Trails July 2019
ITB # 201911
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 18
General Conditions Page 00700-18
B. Owner shall purchase and maintain such boiler
and machinery insurance or additional property insurance
as may be required by the Supplementary Conditions or
Laws and Regulations which will include the interests of
Owner, Contractor, Subcontractors, and Engineer, and any
other individuals or entities identified in the
Supplementary Conditions, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them, each of whom is
deemed to have an insurable interest and shall be listed as
an insured or additional insured.
C. All the policies of insurance (and the certifi-
cates or other evidence thereof) required to be purchased
and maintained in accordance with Paragraph 5.06 will
contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing
and maintaining any property insurance specified in this
Paragraph 5.06 to protect the interests of Contractor,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such identified
deductible amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within the
limits of such amounts, each may purchase and maintain it
at the purchaser’s own expense.
E. If Contractor requests in writing that other
special insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shall in writing advise Contractor whether or not such other
insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes of
loss covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of any
loss or damage the insurers will have no rights of recovery
against any of the insureds or additional insureds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors, partners,
employees, agents, consultants and subcontractors of each
and any of them for all losses and damages caused by,
arising out of or resulting from any of the perils or causes
of loss covered by such policies and any other property
insurance applicable to the Work; and, in addition, waive
all such rights against Subcontractors, and Engineer, and
all other individuals or entities identified in the Supplemen-
tary Conditions to be listed as insured or additional insured
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that
any party making such waiver may have to the proceeds of
insurance held by Owner as trustee or otherwise payable
under any policy so issued.
B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
loss or damage to Owner’s property or the Work caused by,
arising out of, or resulting from fire or other perils whether
or not insured by Owner; and
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any property
insurance maintained on the completed Project or part
thereof by Owner during partial utilization pursuant to
Paragraph 14.05, after Substantial Completion pursuant to
Paragraph 14.04, or after final payment pursuant to
Paragraph 14.07.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred to
in Paragraph 5.07.B shall contain provisions to the effect
that in the event of payment of any such loss, damage, or
consequential loss, the insurers will have no rights of
recovery against Contractor, Subcontractors, or Engineer,
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be adjusted with
Owner and made payable to Owner as fiduciary for the
