What is JCT Clause 6.5.1 Non-Negligence Insurance?
Let’s look at JCT Clause 6.5.1 (which you might know as clause 21.2.1 if you are working on older contract forms). In plain English, this is a very specific type of insurance that covers physical damage to neighbouring property caused by collapse, subsidence, heave, vibration, or weakening of support during your works. The critical phrase here is non-negligence.
This means the policy triggers even if you followed the structural engineering drawings perfectly and did absolutely nothing wrong on-site.
If you are excavating near a boundary wall, piling close to an existing structure, or lowering a basement floor, standard public liability insurance is not enough. Public liability only pays out if you or your lads make a mistake and cause damage through negligence. If a neighbouring building shifts simply because of the nature of the ground works, your standard insurer will walk away.
The Financial Leak: Why Ignoring This Clause Wipes Out Trades
If you sign a commercial subcontract without checking who is organising this cover, you are exposing your business to catastrophic financial leaks. Main contractors love to quietly slide this responsibility down to the subcontractor within the contract amendments.
If a neighbouring building shifts or cracks and you do not have a specific Clause 6.5.1 policy in place, you could face third-party legal claims worth hundreds of thousands of pounds out of your own pocket. A single claim like that will instantly wipe out your business, dry up your cash flow, and leave you personally liable for the structural repairs.
Stop Guessing Your Liability. Scan Your Contract Now
Reading a guide helps you understand the general risks, but main contractors rarely stick to standard JCT text. They frequently alter the notice periods, add bespoke indemnity conditions, and tuck unfair financial liabilities into the appendices where you will not see them until a dispute kicks off.
It is simply not worth risking your hard-earned profit margins or your business survival on a gamble. Before you sign any paperwork or head out onto the job site, let technology check the fine print for you.
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