Practical post 20: A word of caution


Practical post 20: A word of caution

Negligence is a difficult word for professionals. It means that someone thinks that you didn’t do your job properly, that you were careless or even incompetent.

There has been much discussion about potential problems with defective buildings and inspection plans. A surveyor, engineer or architect could be negligent for not spotting a mistake or poor workmanship.

But what about the other ways that you could fail your client and be found negligent?

  • incomplete or inadequate paperwork;
  • poor contract documents exposing them to claims;
  • failure to advise them of risks;
  • lack of knowledge of the regulations;
  • mistaken or inaccurate advice.

Architects and engineers operating the new regulations and setting up contracts and new certification systems for their clients need to be very careful. Make sure that your advice is accurate, be informed and above all take the time to get your paperwork water-tight. In particular make sure all paperwork, CE marks and Statements of performance are assembled to ensure compliance under part D of the regulations- this is essential given the recent defective blocks discovered and re-occurrence of pyrite.

If in doubt contact your professional representative organisation, and in complex contractual arrangements it is advisable to get specialist legal and insurance advice.


Other Posts in this series:

Practical Post 1: BC(A)R SI.9 Extensions & Refurbishments– click link here

Practical Post 2: completion- FAO Vintners & Retailers– click link here

Practical posts 3: Change of Use – FDI and offices – Click link here

Practical post 4: What if the builder goes bust?– Click link here

Practical Post 5: Small retail extension- problem with certifier – Click link here

Practical Post 6: no one wants to do certifier roles! – Click link here

Practical Post 7: Existing Shopping Centres – Click link here

Practical Post 8: Employees won’t certify: BC(A)R SI.9 – Click link here

Practical Post 9: Fees & numbers of inspections?: BC(A)R SI.9 – Click link here

Practical Post 10: No retrospective compliance: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 10: No retrospective compliance: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 12: “architects only” club?–  Click link here

Practical Post 13: Duties & conflicts- BC(A)R SI.9 –  Click link here

Practical Post 14: Supervision vs Inspection –  Click link here

Practical post 15: Code of conduct issues –  Click link here

Practical Post 16: Pyrite and certification? – Click link here

Practical Post 17: Off-License fit-out –  Click link here

Practical Post 18- material alterations: Creche  – Click link here

Practical Post 19: Phased completion & BC(A)R SI.9 –  Click link here

NOTE: This series of posts is not meant to undermine or be in opposition to any professional advice from registered representative bodies: rather it is to offer additional technical aids to those that find themselves in the unenviable position of having to deal with SI.9 in it’s current form at present. As with all information posted on the Blog we urge all practitioners to check with their respective professional bodies before assuming any roles or duties under Building Control (Amendment) regulation (SI.9 of 2014). We hope to post a number of these practical posts and list in one area, so home owners, SME’s and professionals can drop in and click on a particular topic to get summary information that may be useful to them while working within these new and difficult regulations. 


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