There will be more building failures involving modular construction, the impact of which will be determined by whether and how insurers have used retained liability or series loss clauses. Modular construction was mooted as the future of construction – modules or 'pods' being parachuted onto site – enabling contractors to build quickly, often using environmentally friendly materials with cutting edge technology. The reality has often been that defects are simply replicated across site, which can be very expensive, especially if a defect only comes to light once the modules are integrated into a finished building. Insurers can limit their liability by using series loss clauses, which can be effective in these scenarios. Indeed, series loss clauses tend to be more useful than retained liability clauses, as these types of failures will often then be subject to a single excess.




