RAAC - PII implications

Frequently Asked Questions

• Am I covered for surveying/working with buildings suspected to contain

RAAC?

Whilst it is early days, we are not aware of any insurer that includes exclusions or

restrictions in their policies for civil liability claims arising from or relating to the use of

RAAC. As of August 2023, engineers or surveyors insured via G&A are highly likely

to have cover for such claims under their PI policies, subject otherwise to the terms

of those policies.

It is worth pointing out should any enforcement action be taken by the Health and

Safety Executive against professionals, that whilst any criminal fines are uninsurable

as a matter of public policy, we can arrange in certain circumstances for the defence

costs to be paid by insurers. It is important to contact us immediately if this situation

arises in order that we can help to best protect your position.

• If I do choose to undertake this work, what steps can I take to manage my

exposure?

1. Get the contract right. Ensuring that there is a suitable contract in place with

a clear definition of your scope of services and appropriate limitations on

your liability is an essential start to any project. In this case, particular

consideration should be given to:

• Ensuring that you do not inadvertently assume contractual responsibility for

the sins of the past by accepting unqualified terms relating to the condition of

the structure. Any survey or report will have its limitations in terms of

accessibility, original documentation and many other factors and the contract

under which that work is done should reflect those limitations.

• Consider whether an aggregate cap on liability is appropriate and with it an

obligation to maintain PI insurance in the aggregate. This should aid with any

future changes to the PI landscape in the event that they occur.

• Ensure that the maintenance of PI insurance is subject to it being available at

commercially reasonable rates and terms.