Research On Legal Issues Of The Inherent Defects Insurance

Project quality potential defect insurance is a kind of insurance that China tries to use market-oriented means to improve the quality of the project and protect the rights and interests of the owner.At present,various provinces and municipalities have carried out vigorous pilot projects.As an emerging development,it is of great significance to conduct systematic and overall research on this insurance.Engineering quality potential defect insurance is a kind of guarantee insurance,which has four characteristics:whole process risk supervision and special insurance assistant.The insured of the project quality potential defect insurance is mainly the construction unit,and it is reasonable to stipulate that the construction unit is the insured.The property covered by the insurance for potential defects in the quality of the works is construction works;The scope of the underwriting liability is the liability of the construction unit for breach of contract against the owner;The reason for the coverage is:damage to the building itself due to potential defects in the quality of the project.In terms of the right of subrogation for the insurance of potential defects in the quality of the project,the basis of the insurer’s claim for recovery from the construction unit is liability for breach of contract,and the basis of the claim for recovery of other participating units such as construction and supervision is tort liability;The right of subrogation should be implemented well.At present,the main problems in the process of piloting the implementation of project quality potential defect insurance in China are unreasonable regulations for insured persons in some areas;There is an overlap between the TIS agency and the drawing review agency in reviewing the drawings,and there is a overlap with the supervising unit in supervising the construction process stage;The reason for the coverage is difficult to determine;Insufficient protection of the rights and interests of the owner during the deductible period;Difficulties in implementing the insurer’s right of subrogation.The construction unit can only be stipulated as the insured,and the enthusiasm of the construction unit can be increased by reducing the property warranty fee and canceling the supervision fee;Clarify the relationship between TIS institutions and drawing review and supervision units;In the identification of potential defects,it is appropriate to analyze from three perspectives:those that have not been found after careful treatment,the time of occurrence before completion and acceptance,and the concealment;China should adopt the model of the insurance company bearing the second place of compensation liability to the owner during the deductible period;Solve the problem of difficulty in implementing the insurer’s subrogation recovery right by improving the appraisal institution and requiring the participating units to provide guarantees.