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Barrett Chapman. Building Control (Amendment) Regulations 2014 – Liability of Assigned Certifiers. Royal Marine Hotel, Dun Laoghaire Wednesday, 26 February 2014. Arises. Under contract In tort Pursuant to statute. Contract. Specific standard of care Implied term Fitness for purpose.

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barrett chapman
Barrett Chapman

Building Control (Amendment) Regulations 2014 – Liability of Assigned Certifiers

Royal Marine Hotel, Dun Laoghaire

Wednesday, 26 February 2014

arises
Arises
  • Under contract
  • In tort
  • Pursuant to statute
contract
Contract
  • Specific standard of care
  • Implied term
  • Fitness for purpose
slide4
Tort
  • Neighbour principle
  • Duty of care
statute
Statute
  • Sale of Goods and Supply of Services Act 1980
    • Necessary skills to render service
    • Due skill care and diligence
  • Safety Health and Welfare at Work Act 2005
    • Designers
    • Contractors
    • Project supervisors
building control amendment regulations 2014 new liabilities for assigned certifier
Building Control (Amendment) Regulations 2014 – New Liabilities for Assigned Certifier
  • Contract?
  • Tort?
slide7

“Based on the above, and relying on the ancillary certificates scheduled, I now certify, having exercised reasonable skill, care and diligence that the building or works is in compliance with the Second Schedule to the Building Regulations …”

building control amendment regulations 2014 new liabilities for assigned certifier1
Building Control (Amendment) Regulations 2014 – New Liabilities for Assigned Certifier?
  • Statute?
contractual limitations on liability
Contractual Limitations on Liability
  • Time
  • Cap
    • Monetary sum
    • Level of insurance
    • Type of loss
  • Net Contribution clause
type of loss
Type of Loss
  • “You shall not be liable for loss of rent or any other type of economic loss”
  • BHP Petroleum & Ors v British Steel plc & Anor [1999]
issues
Issues
  • Limit liability under BCAR2014?
    • Client?
    • Third parties?
  • Is it insurable or akin to fitness for purpose/
  • Personal/company liability?
  • Reliance on someone else’s cert?
barrett chapman1
Barrett Chapman

Building Control (Amendment) Regulations 2014 – Liability of Assigned Certifiers

Royal Marine Hotel, Dun Laoghaire

Wednesday, 26 February 2014