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

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

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  1. Barrett Chapman Building Control (Amendment) Regulations 2014 – Liability of Assigned Certifiers Royal Marine Hotel, Dun Laoghaire Wednesday, 26 February 2014

  2. Arises • Under contract • In tort • Pursuant to statute

  3. Contract • Specific standard of care • Implied term • Fitness for purpose

  4. Tort • Neighbour principle • Duty of care

  5. 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

  6. Building Control (Amendment) Regulations 2014 – New Liabilities for Assigned Certifier • Contract? • Tort?

  7. “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 …”

  8. Building Control (Amendment) Regulations 2014 – New Liabilities for Assigned Certifier? • Statute?

  9. Assigned Certifier

  10. Contractual Limitations on Liability • Time • Cap • Monetary sum • Level of insurance • Type of loss • Net Contribution clause

  11. 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]

  12. 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?

  13. Barrett Chapman Building Control (Amendment) Regulations 2014 – Liability of Assigned Certifiers Royal Marine Hotel, Dun Laoghaire Wednesday, 26 February 2014

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