RIAI ADR CPD Workshop ‘Claims against Architects’ (May 2023)

The RIAI ADR Taskforce present a CPD on Claims against Architects: How they come about; how to avoid them; and how to manage them.

Course Aim

The aim of this training event is to provide members with practical knowledge and skills to manage claims effectively, minimise risks, and avoid legal actions.

Course Overview

The CPD course will cover the following topics:

1. Claims vs. Architects: How they come about
2. Types of claims generally notified to Marsh, including claim value
3. Insight from Practitioner who undertakes Expert Reports at the instruction of an insurer
4. Absent appointment document setting out scope of service
5. Poor service, incomplete, defective, or inaccurate construction documentation
6. Non-compliance with Building Regulations
7. Defective design
8. Extension beyond the scope of service
9. Insight from the RIAI regarding queries/concerns from members
10. How to avoid claims
11. Scope of appointment: what is and is not included
12. Discuss scoping; exclusions; inclusions; and how completions are managed
13. Triggers to a claim: final invoice, delay on site, poor contract administration, post-completion issues leading to identification of defects
14. Mitigation of risk: Do not extend your scope, engage with issues arising, communication
15. How to manage a claim
16. The Insurer/Broker perspective
17. Practice Principal perspective
18. Expert Witness Perspective
19. Lessons learned

Learning Outcomes

On completion of this course participants will be able to:

1. Identify the different types of claims that are typically notified to Marsh and the approximate claim value associated with them
2. Explain the triggers to a claim and the importance of avoiding them by understanding the scope of appointment, inclusions, and exclusions
3. Describe strategies to mitigate risks by engaging with arising issues and emphasizing communication
4. Compare and contrast how to manage a claim from different perspectives, such as the insurer/broker's perspective, the practice principal's perspective, and an expert witness's perspective
5. Apply strategies to manage a claim, including reducing cost burdens, organising files, and presenting files for third-party review
6. Complete a comprehensive review of appointment, scope, documents provided, and the time cost factor to determine the best approach to managing a claim
7. Illustrate the lessons learned from previous experiences and share best practices to avoid claims and manage them effectively
8. Schedule and prioritise tasks related to managing a claim, such as notifying early, engaging with appointed solicitors and experts, and organizing files for presentation

This is a recording of an event that took place over Zoom on 12 May 2023 and is being delivered via RIAI DigitalChalk:

• Following receipt of your payment via MyRIAI you will receive an email from the RIAI CPD Division (9:00am - 4:30pm, Monday - Friday) providing your login details for RIAI Digital Chalk.
• This online course will be accessible from your RIAI Digital Chalk account for 6 months from the date of completion.
• The RIAI will send you a CPD certificate on completion of the online course.

Workshop Programme