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Personal Liability vs Professional Indemnity Insurance

  • 10-01-2014 10:23am
    #1
    Vandy West
    Registered Users, Registered Users 2 Posts: 181 ✭✭


    If you are working as an engineer employed by a company, a claim is made against the company's professional indemnity insurance and that claim was to exceed the value of the company's insurance, would you be personally liable for the rest of the claim?

    Have 17 years experience with no problems or claims, but with the new regulations, I am concerned the engineer/architect will be taking all the liability for problems created by contractors or sub-contractors.

    I work in a small two-man consultancy, and although I am not an owner or partner, I generally sign all the paperwork as the architect I work with is unregistered.


Comments

  • #2
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    you sign it you are liable for it. Very simple. Dont sign what you are not comfortable to sign. You can also be prosecuted as the signing engineer


  • #3
    Vandy West
    Registered Users, Registered Users 2 Posts: 181 ✭✭Vandy West


    godtabh wrote: »
    you sign it you are liable for it. Very simple. Dont sign what you are not comfortable to sign. You can also be prosecuted as the signing engineer

    Have no problem signing for work I have designed or that has been built according to my design/specification.

    My concern is with the new building control regs, seems like the engineer/architect is going to be responsible for things outside our control.

    Even if we were on site at all times, it is not realistic for the engineer/architect to be responsible for works not done by the contractor to the design/specification of the engineer/architect.

    Example #1
    -Engineer inspects reinforcement in footings and has slump tests and core samples taken of concrete delivered to site. Engineer watches first load of concrete being poured, then leaves site or goes to inspect other works on site.
    -After engineer leaves contractor adds water to concrete.
    -Foundations fail.
    -Engineer found 10% liable, contractor while 90% liable is bankrupt, therefore contractors liability is passed to engineer.
    -Engineer liable for contractor's share of judgement.

    Example #2
    -Engineer performs random inspections during blockwork construction of domestic house.
    -When Engineer is not present, excessively weak mortar mix is used.
    -Structural failure due to weak mortar.
    -As above engineer partially liable or worse.

    These new regulations seem to be a disaster for architects/engineers.


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