Builder’s Liability under S.I.9- part 2

by Bregs Blog admin team

Builder 1

The following opinion piece was submitted by a construction professional on June 10th 2014.

BUILDER LIABILITY UNDER S.I.9- part 2

Builders are reasonably well protected as regards their potential liability under the 2014 Building Control (Amendment) Regulations. As the claims manager for a medium sized contracting company, I would find the situation generally satisfactory. However, contractors should be very careful at certain stages, as follows.

2. How the builder should further reduce his legal exposure under S.I. 9?

The builder should take care that all design work is done and certified by the Design Certifier. Under the standard forms of private sector contract, the contractor has no contractual liability for design. The builder should avoid assuming any responsibility by getting the engineer and the architect to design everything. Then, the architect and engineer have to certify the design and the builder’s responsibility under S.I. 9 is reduced.

All contractors know that the engineer/architect can delay the contract if their design is slow to emerge. The contractor should ensure at the outset to claim under Clause 30 (g) for any delay due to failure of the architect to provide design information.

The first post in this series may be viewed here: Builder’s Liability under S.I.9 – Part 1

Other posts of interest:

Post 1: Architect’s Ancillary Cert (Design & Completion) –  click link here

Post 2: Architect’s Ancillary Cert (Inspection) – click link here

Post 3: Ancillary Completion Cert – Inspection (by others) – click link here

Post 4: Ancillary Certs Design – commencement & completion  (by others) – click link here

Post 5- Addendum to RIAI Contracts – click link here

Post 6: Draft Client Agreement (architect) – click link here

Post 7: Client & Assigned Certifier agreement (architect) – click link here

We hope this information may be useful to professionals implementing the new building regulations. If there are any registered engineers with similar concerns on ACEI documentation we would be interested in hearing these issues also. At time of writing there are no SCSI/CIF (representative bodies for surveyors or builders) draft documents available to their members. 

 

We suggest professionals or contractors  contact their respective professional or representative bodies with concerns or queries.

 

 

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