{"id":2501,"date":"2023-03-23T18:43:25","date_gmt":"2023-03-23T16:43:25","guid":{"rendered":"https:\/\/leaderteam.ro\/en\/?page_id=2501"},"modified":"2026-07-24T14:26:18","modified_gmt":"2026-07-24T11:26:18","slug":"contractual-civil-liability","status":"publish","type":"page","link":"https:\/\/leaderteam.ro\/en\/professional-liability-insurance\/contractual-civil-liability\/","title":{"rendered":"Contractual Civil Liability"},"content":{"rendered":"

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Contractual Civil Liability Insurance<\/h2>\n

Protection for companies, self-employed professionals and specialists who have contractual liability towards clients or business partners, including contracts signed with international clients. Leader Team Broker reviews the contractual clauses and recommends the appropriate liability limit and coverage for the actual risk.<\/p>\n

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What is contractual liability?<\/h2>\n

Contractual liability is the obligation of one party to a contract to compensate the other party for loss caused when it fails to perform, performs late or performs its contractual obligations improperly. It is governed by the Romanian Civil Code<\/a> and arises only where a valid contract has been concluded between the parties, unlike tortious liability, which arises outside a contractual relationship as a result of an unlawful act.<\/p>\n

In practice, it is particularly relevant to service providers working under a contract. Contractual civil liability insurance is therefore arranged within a clear legal framework and based on the documents relating to the relevant contract. Leader Team Broker arranges these policies for different fields of activity, whether you are a service provider, a self-employed professional or a legal entity.<\/p>\n<\/section>\n

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What types of contractual liability are there?<\/h2>\n

Depending on the source of the unfulfilled obligation, contractual liability can take several forms:<\/p>\n

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01<\/span>Liability for complete failure to perform a contractual obligation;<\/p>\n<\/div>\n

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02<\/span>Liability for delayed performance, including missed delivery or service deadlines;<\/p>\n<\/div>\n

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03<\/span>Liability for improper performance, including defective services or works;<\/p>\n<\/div>\n

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04<\/span>Employer liability towards clients or tenant-landlord liability attached to the underlying contract.<\/p>\n<\/div><\/div>\n

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Contractual liability vs. tortious liability<\/h3>\n

The essential difference lies in the source of the obligation. Contractual liability requires a contract between the parties, while tortious liability does not require any prior contractual relationship and applies when an unlawful act causes loss or damage to a third party. In practice, this distinction also determines the type of liability insurance appropriate to each situation.<\/p>\n<\/p><\/div>\n<\/section>\n

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Who needs contractual civil liability insurance?<\/h2>\n<\/div>\n

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Engineers and professionals with international contracts<\/h3>\n

Clients within or outside the European Union often require contractual evidence of contractual and professional liability insurance, commonly referred to in international contracts as professional liability insurance or general liability insurance, before the engagement begins.<\/p>\n

For engineers, technical consultants and other professionals providing services to overseas clients, such a policy covers the risk of compensation following an error, delay or non-compliance reported by the client, regardless of the jurisdiction in which that client is registered.<\/p>\n<\/p><\/div>\n<\/article>\n

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Companies and self-employed professionals with B2B contracts<\/h3>\n

Service companies, self-employed professionals and freelancers working under contracts with penalty clauses, strict delivery deadlines or responsibility for the quality of their work may need contractual liability insurance covering failure to perform or improper performance of obligations towards partners or clients.<\/p>\n<\/p><\/div>\n<\/article>\n

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What does contractual civil liability insurance cover?<\/h2>\n

Within the limits and terms of the policy, contractual civil liability insurance covers loss caused to a contractual partner where a causal link is established between the insured\u2019s conduct, such as non-performance, delay or defective performance, and the resulting loss:<\/p>\n

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Damages for failure to perform or delayed performance of the contract;<\/p>\n

Property damage caused through the insured\u2019s own fault while performing the contract;<\/p>\n

Bodily injury or property damage caused to third parties in connection with performance of the contract;<\/p>\n

Legal expenses where the dispute reaches court.<\/p>\n<\/p><\/div>\n

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In addition, other types of coverage may be added to a contractual civil liability policy, including:<\/p>\n

Product liability for certain bodily injury or compensation claims,<\/p>\n

Employer\u2019s liability in relation to employees,<\/p>\n

Tenant-to-landlord or landlord-to-tenant liability coverage.<\/p>\n<\/p><\/div>\n

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Contractual liability: conditions and exemptions<\/h3>\n

For compensation to be awarded, four elements must be established cumulatively: the act or omission, including non-performance or defective performance, the loss suffered by the contractual partner, the causal link between the act and the loss, and the insured\u2019s fault. The absence of any one of these elements may lead to exemption from contractual liability.<\/p>\n

Pure financial losses that do not arise from a distinct service contract are generally addressed separately through general liability insurance<\/a>, which complements contractual liability insurance.<\/p>\n<\/p><\/div>\n<\/section>\n

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Complete this form and we will call you as soon as possible, or call us directly on +40 726 715 491.<\/p>\n<\/div>\n

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