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Unfortunately, during construction projects, disputes occur all too often on site. Not infrequently, such conflicts lead to legal proceedings that cost the parties involved a lot of time and money. Moreover, there is no adequate insurance solution for either the client or the project developers, construction promoters or (sub)contractors. That is why we developed a unique product to efficiently solve construction disputes through mediation: the mediation policy.

Why mediation?

In mediation or conciliation, a construction dispute is not settled in court, but a mediator is appointed who helps the conflicting parties to resolve the dispute together.

This working method offers numerous advantages:

  • Mediation is much quicker than court proceedings: on average, a dispute is resolved within 20 working hours.
  • A conciliation procedure is therefore also much cheaper.
  • The approach has already proved its efficiency: 80% of the mediation procedures have a positive outcome.
  • Settlements reached through mediation are more sustainable: there is much less frustration as the conflicting parties come to a solution together.
  • Mediation is secret and confidential: the mediator is bound by professional secrecy. Therefore, there is no public trial which could damage your image.
  • Mediation is widely applicable in different types of construction conflicts.

How does such a conciliation procedure work?

  1. The policyholder involved in a conflict shall choose a recognised mediator who must be accepted by the other party/parties.
  2. The mediator mediates in an independent and neutral way and helps the conflicting parties find a solution.
  3. The solution is confirmed in court through a judgment. If no solution is found, the whole procedure remains confidential and the information cannot be used in any subsequent trial.

 

Hoe verloopt mediatie?

 

What is covered in our mediation policy?

The mediation policy provides coverage for mediation in technical and commercial conflicts during the construction and maintenance period relating to building sites on Belgian territory.

Here are a few examples:

  • The cladding of a house turns out not to be watertight, causing water damage in the house. Specifications must be drawn up for the interior damage, but the insulation and cladding must also be removed. This leads to a conflict between the contractor and subcontractor (who installed the cladding) and the client. Via the mediation policy, the principal can call in a mediator instead of going straight to court. The costs incurred by the principal in appointing the mediator will be reimbursed by the mediation policy.
  • A promoter refuses to deliver a building project because of moisture damage in the bathrooms. He may have a mediator intercede with the contractor to resolve the moisture problem.
  • During the maintenance period of a building project, the principal observes enormous damage caused by a subcontractor's failure to connect the sewerage system. The principal can have a mediator appointed through his mediation policy to mediate about the non-covered damage.

How much does a mediation policy cost?

New building value building site (without land)

Premium including taxes and charges

< €250.000

65

< €1.600.000

€100

< €20.000.000

€133

The premium applies per building site. From 10 building sites onwards, you will receive a discount via a subscription policy.

For which costs does the mediation policy intervene?

  • Fees of the chosen mediator accepted by the Federal Mediation Commission
  • Lawyer's fees
  • Costs of the technical advisor
  • Costs to be borne by the insured person for approval of the mediation agreement

There is a maximum of €2,500 intervention per claim and a maximum of €4,150 per year.

Which building sites are eligible for coverage in a mediation policy?

  • construction sites in Belgium
  • new constructions and renovations
  • building sites with a maximum value of EUR 20 million (including VAT and fees of the architect, engineering firm, EPB (Energy Performance and Indoor Climate); excluding the value of the land)
  • classic construction, wooden frame, prefabricated
  • carried out only by accredited contractors
  • construction work has not yet started

How to subscribe to a mediation policy?

Please contact our experts. 

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