| Category | Details |
|---|---|
| Member organisation(s): RIAI Royal Institute of Architects of Ireland Obligation to insure? Yes, requirement in the RIAI Code of Conduct Legal Obligation to insure? No | |
| Commonly used Term and Conditions: Section 18 of the Building Control Act 2007 (the Act) What are the requirements needed in order to obtain an Insurance? None Calculation of insurance premium: Includes – Based on fee turnover (estimate provided by architect) – Construction costs, – Claims history, – Type of work undertaken – Complexity of work – Financial Market Conditions | Contractual liability: Liabilities before and/or during the works: Yes. In relation to his or her professional services. The end of the construction phase as a point of departure for a period of specific liabilities? No. Later discovery of defects may prolong the possible claim period under Tort law. Liabilities after work: Harm to the structure (to its soundness or stability): Yes Unsuitability for the function: Yes (depends on contract –‘ fitness for purpose’ clause) Hidden defects: Yes. 1% rule under Part III of the Civil Liability Act 1961 applies to construction contract dispute claims. |
| Forms of Insurance contract: – Annual Premium cover for all liabilities in a predefined period – Cover for architect in a specific project – Cover for the all professionals in a project – Latent Defects Insurance for consumer | Joint and several (in solidum) liability: Yes, Derogation by contract is possible for parties of equal bargaining power. Does the insurer respond to a claims made or claims rising basis? Claims made basis |
| Insurances / Agents: Insurance brokers : Include Marsh, Griffiths & Armour, Arachas, Crotty’s, McGivern, AON Insurers : The insurance market generally, eg. Zurich, Newline, Allianz, AIG, ARB, Aquilano Insurance PCC, Liberty, XL Insurance Company, Aviva, Chubb, Berkshire Hathaway Group and Arch | Duration of Liability: – Professional client: Variable. – Consumer client: 6 years generally. – Liability during and after construction: Variable – depends on date of discovery of any Defect under Law of Tort. |
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