Solutions
Mediation policy: mediation in construction disputes
Mediation is an efficient way to resolve construction conflicts that would otherwise cost the parties involved a lot of time and money. Our unique mediation policy reimburses the costs associated with such a mediation procedure.
Mediation Policy is a product offered by insurance company Legal Village, legal aid brand of AXA Belgium.
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?
- The policyholder involved in a conflict shall choose a recognised mediator who must be accepted by the other party/parties.
- The mediator mediates in an independent and neutral way and helps the conflicting parties find a solution.
- 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.
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.
Delen
Mediation policy: mediation in construction disputes (insurer: Legal Village, legal aid brand of AXA Belgium)
Mediation Policy is a product offered by insurance company Legal Village, legal aid brand of AXA Belgium.
Brief Description of the Coverages Offered
For detailed information on the rights and obligations of the insurance company and the insured, please refer to the IPID sheet and the general and/or special terms and conditions of the selected insurance product.
Legal assistance
- Principle: In the event of the risks covered as listed below, the company undertakes to assist you to assert your rights amicably and to bear the costs arising therefrom.
- The cover: to provide assistance if civil or commercial mediation is used within the framework of construction work (construction assembly trial period – maintenance) with regard to the insured property and according to the terms and conditions of cover provided under the policy that has been taken out.
- The insured benefits: The costs for the defence of the legal interests of the insured party, namely:
- the fees and costs of the freely selected mediator approved by the Federal Mediation Commission, the fees and costs of the lawyer and, where applicable, of the technical adviser;
- the costs charged to the insured for the approval of the mediation agreement.
- Intervention caps: Civil or commercial mediation: 2,500 € per claim up to a maximum of 4,250 € per insurance year
Brief Description of the Major Risks NOT Covered by the Insurance
For detailed information on the rights and obligations of the insurance company and the insured, please refer to the IPID sheet and the general and/or special terms and conditions of the selected insurance product.
Legal assistance
- Claims attributable to an error, a defect or a loophole in the design, calculations or plans as well as to any inherent defect of the materials. However, this exclusion is limited to the part of the goods affected by this error, defect, loophole or inherent defect. Accidental consequential loss to other insured goods or parts of the insured work continues to be insured;
- Claims relating to any documents or valuable items:
- Claims relating to all types of immaterial damage, including fixed general costs, unemployment, loss of profit, and costs and losses as a result of loss of use, insufficient performance and loss of customers;
- Claims relating to the works and/or their equipment that are the subject of contracts by or with the policyholder and the amount of which is not included in the declared values;
- Damage resulting from the use of motor vehicles;
- Damage resulting from the use of aircraft, sea or inland waterway vessels or any floating craft;
- Claims relating to the lack of administrative authorisation;
- Claims relating to aesthetic or technical impairment;
- Claims relating to asbestos;
- Claims relating to properties intended to be demolished;
- Claims attributable to works performed by persons who do not have official access to the profession within the area of competence for these works;
- The contractual fines and penalties for late completion of the insured property;
General Terms and Conditions and Contractual Documents
The IPID sheet (Information document on insurance product) can be found here.
The general terms and conditions of this insurance product can be found here.
It is essential that you review these documents before giving your approval to the financial product or signing it. The documents are available via the above links or can be requested from our office.
Legal Information and Complaints Management
The insurance contract is governed by Belgian law.
Origin of the product developer: product offered by Legal Village, legal aid brand of AXA Belgium, Troonplein 1, 1000 Brussels.
Location where you can get a quote together with a calculation of the premium: Insurance Office Van Dessel NV, Misstraat 112, 2590 Berlaar.
The term of the product is one year. At expiry, the contract shall be tacitly renewed on a yearly basis, unless notice of termination is given by one of the parties at least 3 months prior to the expiry date via registered letter, bailiff's writ or by handing over the letter of termination against acknowledgement of receipt.
Any complaint regarding this offer or the insurance contract can be addressed to the internal complaints department of Insurance Office Van Dessel NV, Misstraat 112, 2590 Berlaar, info@vandessel.be.
If you disagree with the outcome of the complaint handling, you can submit a complaint to the VZW Insurance Ombudsman, square de Meeûs 35, 1000 Brussels Tel No: 02/ 547 58 71; Fax No: 02/ 547 59 75; info@ombudsman-insurance.be; www.ombudsman-insurance.be. Complaints must be submitted in writing. Submitting a complaint does not affect the policyholder's right to take legal action.