Extreme caution for employees: BC(A)R SI.9

by Bregs Blog admin team


In a recent members bulletin the representative body for architects (RIAI) noted some insurance difficulties with respect to Professional Insurances for Building Control (Amendment)Regulation (SI.9 of 2014). In a letter dated January 27th 2014 to the RIAI , Marsh Insurances, a private insurance company with close ties to the RIAI, confirmed insurance cover would be available for members acting as Designed and Assigned certifiers under the new regulations. However the letter avoids any mention of resultant increases in premiums.

One significant issue does remain. For employees signing certificates on behalf of employer’s companies (or local authorities). Cover for these employees has been confirmed to be in place so long as the company’s insurances are mantained. In the event of a wind-up or voluntary liquidation, of if employers elect to remove or alter policies, employees (current and former) may find themselves exposed to liability for certifier roles.

Extract from the RIAI members’ bulletin below:

“The RIAI  has received a letter confirming that Marsh Insurance will provide cover for architects and employees acting as Assigned Certifier and Design Certifier.  Employees will be covered by the practices P.I.I. even when they leave the practice, so long as P.I.I. remains in place.

Employees acting as Assigned Certifier and Design Certifier may be personally liable in the event that their employer no-longer exists after the demise of the practice. Employees are therefore advised to exercise extreme caution before taking on the roles of Assigned Certifier and Design Certifier. RIAI Insurance Services Marsh Ireland are working on a possible solution to provide professional indemnity insurance for the former employee if the practice no longer holds professional indemnity insurance.

Where members are not insured through Marsh Insurance, the RIAI would advise them to contact their PII insurers or brokers, if they have not already done so, to ensure that they are covered under any existing PII policy to undertake the roles of Ancillary, Design or Assigned Certifier if they intend taking on these roles.”