Avoiding Claims in Building Design

The chance of being claimed against is now a major risk factor forevery building designer, engineer, quantity surveyor and projectmanager. Apart from the cases that go to court, many other claimsare settled before they reach that stage. The cost of insurance tomeet claims is now a substantial component of every practice'soverheads. Sensible risk management can identify the potentialsources of claims, reduce their likelihood, warn of impendingtrouble and control how the claim is to be defended. This book explains how to plan a risk management strategy andsuggests techniques that can supplement the practice's existingmanagement procedures without imposing unnecessary bureaucracy. Itattaches as much importance to the interaction of risk betweenmembers of the design team as to the risk profile of the practiceitself. The first part defines risk and its origins, discusses how riskcan arise in the various professions and types of practice, and howit interacts between the professions, compares quality assurancewith risk management, and advises on the relations between thepractice, its insurers and its lawyers. It concludes with advice onhow to create a risk strategy and system for the office. The second part is devoted to techniques and covers: setting upthe appointment; creation of the team; managing the project; therisks of CDM; the complications of procurement; and drafting,awarding and administering the building contract. Risk implicationsof the major contract forms are discussed in detail. It concludeswith advice on the handling of claims. The book contains references to a number of legal cases toillustrate the risks discussed. It is recommended reading not onlyfor the individual professions (architect, engineer, QS, projectmanger), but for all of them collectively in understanding how therisk of one profession can become the risk of any of his fellowteam members.