SI.9…”No thanks” | Mid-sized architectural practice

by Bregs Blog admin team

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We received this comment to Bregs blog recently, it is from a principal of a mid-sized commercial practice. It was in response to “SI.9 and PII Alert | Practice makes perfect or does it?“. We have posted here as a separate opinion piece. The comment was received on 9th December 2014. 

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We are a Dublin-based mid-sized well established Architectural practice.

We can confirm that our practice (or any individuals associated with our practice) will not be acting as Assigned Certifiers.

The following issues were highlighted in advance of adoption of the new regulations, and still remain:

  1. If the practice partnership dissolves, ceases to trade (or goes bankrupt), all parties who acted as Certifiers, Design and Assigned, will have no cover. Anyone who acted in these roles while involved in our practice will have continuing liability into the future but with no insurance cover. This is a huge concern for all staff and principals at our firm.
  2. If staff, i.e. non equity partners, move practice, it is our understanding that the potential liability will follow them if they signed or acted as Assigned or Design Certifiers on behalf of our firm. They may no longer be covered by the practice’s Professional Indemnity Policy as far as we are aware.

There is no possibility, certain in our practice, that project architects or associates will act as assigned certifiers nor could I ask them to do it.

We will no longer employ staff who have acted as Certifiers in other practices unless they carry their own Professional Indemnity Insurance (PII) and indemnify our practice. This is a very grey area as technically they will be under our PII when a claim comes in on historic work, PII is ‘claims made’.

Other posts of interest:

S.I.9 | What large firms are doing 

Pyrite legal dispute referred to European Court | Independent

Completion Certificates for Multi-unit Housing

Dáil | Minister Kelly may take steps to control SI.9 ‘exorbitant charges’

BCMS Completion Stage | No Ancillary Certificates required!

‘Onerous’ Building Regulations must be amended – Minister Kelly

SI.9 causing major delays to school projects

When is an extension not extensions? | The 40M2 question…

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