Liability arising from provision

Flood prevention works fall into a category of their own where the consequences of failure may be catastrophic. Liability for risks that cannot be avoided or designed out may be mitigated by appropriate use of contractual exclusions and limitations.

Liability arising from provision of those services can be limited or in some circumstances excluded.

Contractual Considerations

The first and most obvious advice point to make is that the consultant should ensure that he has a written contract which, amongst other things, clearly sets out the scope of the services that he has agreed to provide. Contractual provisions that a consultant should consider as a matter of course (both in relation to flooding risks and more generally) include:

Excluding liability for default of sub-consultants appointed with the agreement of the client

Excluding liability for consequential losses

Limiting liability to a specified sum (liability should be capped at a level not exceeding the amount of the consultants professional indemnity insurance cover)

Restricting liability to the consultants fair share of a loss on the assumption that other responsible parties will meet their own fair share of the loss (by means of a net contribution clause)

Appropriate exclusions or caveats, particularly where the consultant is acting in an advisory role or providing a survey report

Conclusion

Risks of flooding, like many other risks encountered in construction works can be managed provided that they are recognised and properly assessed.
.

Document the Risk

Whether or not formal reports are issued to a client, risks identified by the consultant should be discussed with the client and those discussions documented. A client may not be willing to incur the cost of flood mitigation measures which the consultant considers advisable. Such advice should be put in writing. If they are inadequate, the client should be told.Managing Risk

As far as possible a structured approach should be taken to minimise flood risks on construction projects which will involve:

Assessing the risks

Avoiding risks where possible

Where risks cannot be avoided, taking due cognisance of the risks in the design and providing appropriate advice and warning to the client

Assessing the Risks

On any construction project there are likely to be two separate but related considerations:

Is the proposed structure itself vulnerable to flooding?

Is construction of the proposed structure likely to increase the risk of flooding elsewhere? This in turn requires consideration of the separate risks involved in the process of construction (risks arising from temporary works and which may or may not be the responsibility of the professional) and risks arising from the mere presence and/or operation of the permanent works.

A desk study is likely to highlight risk factors for a locality which will need to be LED Panel Light supplemented by site investigations such as ground investigations and topographical surveys.

If site investigations are provided by the client or commissioned from other consultants, the professional can generally expect to rely on them but he is not absolved of the responsibility to consider their adequacy.

This document does not present a complete or comprehensive statement of fact or the law, nor does it constitute legal advice. It is intended only to highlight issues that might be of interest; specialist legal advice may be required where appropriate. An audit trail will greatly assist the defence of any future claim. Any significant project is likely to involve a desk study of more or less detail. If the design is based on assumptions, the design assumptions should be spelt out. The desk study should include investigations into the flooding history of the site.

Leave a Reply

Your email address will not be published. Required fields are marked *


*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>