ABSTRACT

This chapter sets out and analyses the risk and insurance clauses of the most recently published 2021 Green Book, which provides a very much needed and extensive update of the 1999 Green Book. It was drafted as an alternative to the 2017 Red and Yellow Books for projects where a shorter and simpler form of contract would be more appropriate. However, the 2021 Green Book followed the changes that had been implemented to the 2017 suite of contracts. Clauses 11 and 12, which deal with risk and responsibility and insurance, respectively, of the 2021 Green Book are detailed and the intent and meaning behind such provisions is discussed. An important and useful feature of Clause 11 of the Green Book is that the risks to which a project is exposed and the consequent responsibilities are now listed in this clause. This makes clear the consequent rights and obligations that may follow the events that could occur during the contract.

In respect of insurance, Clause 12 should be read together with the Contract Data, which provides the insurance(s) that should be provided by the contractor and those that should be provided by the employer.