To expand this a little wider
I recently had cause to consider if an unpaid report could be accepted as a valid part of a formal planning application.
Could the applicant use a report to satisfy the council that he had not paid for (allegedly),
might therefore not be entitled to submit or
legally rely upon
though technically it was the same report with or without the bill paid.
HAS ANY CONSULTANT CONSIDERED WRITING TO A PLANNING OR PART IIA AUTHORITY TO NOTIFY THEM NOT
TO RELY ON AN UNPAID REPORT, POSSIBLY USING COPYRIGHT, IP, CONTRACT OR OTHER REASONS?
I would expect that any such protest would have to be taken seriously if made formally, and it could scupper a planning application where for example map copyright is taken very seriously but not a part IIA liability and apportionment assessment because.
We are obliged to consider all information available, insurance or copyright are not specific issues in the legal framework or guidance that's consulted.
For part IIA I suspect if there's an unpaid report and no PI insurance then its just more risky for the consultant who could not rely on any insurance backup to defend themselves. Consultants most likely to be part IIA liable if they alter existing or introduce new significant pollution linkages but even then only on a per linkage assessment with liability apportionment perhaps not giving great weight to their action.
PI is of limited use too clients though there are other forms of financial instruments that might be handier.
Martin Wright
Scientific Officer, Environmental Protection
Cheshire West and Chester Council
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Marc Fawcett
Sent: 14 October 2009 16:52
To: [log in to unmask]
Subject: Consultants PI cover... non paying clients
Just a thought....
Occasionally I end up with some developers dodging payment on ground
investigation reports, validation reports etc etc.
Thankfully not on a regular basis!
Now obviously we do the work to our best ability and back it up with the
professional indemnity cover as an insurance policy.
SO.... when a client doesn't pay unsurprisingly our insurance won't cover
anything.
Who would be left with a problem if things did go wrong? I've got a part
2a site on my desk at the moment where the previous consultant did
get it very wrong... expensively wrong £1m+
the question is - should the regulators be looking to see if
the 'warranty' will stack up on a site as part of their own due diligence?
and if I advise regulators of sites where an unpaid report exists and
therefore won't be warranted by us what would their response be to that
developer?
I know what the NHBC response would be - they use our warranty to
mitigate any risk to themselves.
Thoughts please
Best Regards
Marc
************************************************************************
Note: This E-Mail is intended for the addressee only and may include
confidential information.
Unauthorised recipients are requested to please advise the sender immediately
by telephone and then delete the message without copying or storing it or
disclosing its contents to any other person.
We have taken all reasonable precautions to ensure that no viruses are
transmitted from the Authority to any third party. Copyright in this
e-mail and attachments created by us unless stated to the contrary belongs to the Council.
Any liability (in negligence or otherwise) arising from any party acting,
or refraining from acting on any information contained in this e mail is
hereby excluded.
Should you communicate with anyone at the Council by e-mail,
you consent to us monitoring and reading any such correspondence.
Printing this email? Please think environmentally and only print when essential!
************************************************************************
|