Avoiding Claims in Building Design (PDF)

The chance of being claimed against is now a major risk factor for
every building designer, engineer, quantity surveyor and project
manager. Apart from the cases that go to court, many other claims
are settled before they reach that stage. The cost of insurance to
meet claims is now a substantial component of every practice's
overheads. Sensible risk management can identify the potential
sources of claims, reduce their likelihood, warn of impending
trouble and control how the claim is to be defended.

This book explains how to plan a risk management strategy and
suggests techniques that can supplement the practice's existing
management procedures without imposing unnecessary bureaucracy. It
attaches as much importance to the interaction of risk between
members of the design team as to the risk profile of the practice
itself.

The first part defines risk and its origins, discusses how risk
can arise in the various professions and types of practice, and how
it interacts between the professions, compares quality assurance
with risk management, and advises on the relations between the
practice, its insurers and its lawyers. It concludes with advice on
how to create a risk strategy and system for the office.

The second part is devoted to techniques and covers: setting up
the appointment; creation of the team; managing the project; the
risks of CDM; the complications of procurement; and drafting,
awarding and administering the building contract. Risk implications
of the major contract forms are discussed in detail. It concludes
with advice on the handling of claims.

The book contains references to a number of legal cases to
illustrate the risks discussed. It is recommended reading not only
for the individual professions (architect, engineer, QS, project
manger), but for all of them collectively in understanding how the
risk of one profession can become the risk of any of his fellow
team members.