2022-06-05（257）Engineering law and the ICE Contracts

DAMAGE TO PERSONS AND PROPERTY

22. (1) The Contractor shall (except if and so far as the Contract otherwise provides) indemnify and keep indemnified the Employer against all losses1 and claims for injuries or damage to any person or property whatsoever (other than the Works for which insurance is required under Clause 212 but including surface or other damage to land being the Site3 suffered by any persons in beneficial occupation of such land) which may arise out of or in consequence of the construction and maintenance of the Works and against all claims demands proceedings damages costs charges and expenses whatsoever in respect thereof or in relation thereto. Provided always that:

(a) the Contractor’s liability to indemnify the Employer as aforesaid shall be reduced proportionately to the extent that the act or neglect of the Employer his servants or agents may have contributed to the said loss injury or damage;

(b) nothing herein contained shall be deemed to render the Contractor liable for in respect of or to indemnify the Employer against any compensation or damages for or with respect to:4

(i) damage to crops being on the Site5 (save in so far as possession has not been given to the Contractor);

(ii) the use or occupation of land (which has been provided by the Employer) by the Works or any part thereof or for the purpose of constructing completing and maintaining the Works (including consequent losses of crops)5 or interference whether temporary or permanent with any right of way light air or water or other easement or quasi easement which are the unavoidable result of the construction of the Works in accordance with the Contract;

(iii) the right of the Employer to construct the works or any part thereof on over under in or through any land;

(iv) damage which is the unavoidable result of the construction of the Works in accordance with the Contract;

(v) injuries or damage to persons or property resulting from any act or neglect or breach of statutory duty done or committed by the Engineer7 or the Employer his agents servants or other contractors (not being employed by the Contractor) or for or in respect of any claims demands proceedings damages costs charges and expenses in respect thereof or in relation thereto.