This is a must read for any construction broker, underwriter or claims professional dealing with DSU
A decision was handed down in the Supreme Court of NSW in 2017. It has some interesting findings relating to construction business interruption (most commonly known as a DSU – Delay in Start-Up –but also referred to as ALOP – Advanced Loss of Profits, and ACL – Advance Consequential Loss).
In this instance it was called a ‘Dept Servicing Standing Charges Insurance Policy’ (DSSC). For all intents and purposes, it is structured in the same manner as a typical DSU policy.
A full link to the document can be found here:
There are many interesting findings and comments made by the judge; including the following:
- Cyclical nature of policy definitions
- Hypothetical aspect of claims
- Evidence for construction projects well finished
- How to actually calculate the delay
- Proving concurrent delays
- Admissibility of evidence
- The distinction made between separate sites
- Testing and commissioning
Contact Mirabelle to find out more!