RAAC - PII implications

2. Consider scope documents with particular care – does it state clearly what

you are expected to do (and what you are not)? Are you content that the

fee agreed is sufficient in order to fully discharge the duties under the

scope? If any physical opening up is needed, will this be undertaken by you

or a contractor? If you are planning on undertaking this, it may be wise to

ensure your Public Liability insurance arrangements are in order,

particularly in light of the high likelihood of the presence of asbestos in the

settings where RAAC has been used.

3. As ever, survey reports ought to carefully set out what limitations were

placed on the surveyor in physically assessing the building.

4. Watch out for ‘certificates’ requiring you to confirm that the building is free

from RAAC or which require any statement with which you are

uncomfortable. Certificates can often trump the contractual agreement

giving the recipient more rights than the original client and should be treated

with particular caution here. Whilst we haven’t seen any ‘standard form’ or

bespoke certificates in relation to RAAC, it is possible that this will become

a feature of the market. Given the problems associated with earlier forms of

certification, this has the potential to become a problematic feature of the

marketplace. We have reported on these issues before. Please make use of

the G&A contract review service if in doubt.

5. Keep abreast of the developing state of the art in this area. There is a

significant body of guidance already, and bodies such as the IStructE are

coordinating new research into this area which is likely to give rise to novel

issues.

6. Consider your ‘duty to warn’ if you do discover critical life safety

considerations. Although whether and to what extent the duty will arise

turns on the circumstances, obvious dangers to life are highly likely to give

rise to such a duty arising.

Do please either contact us or make use of the legal helpline should you have any

particular concerns.

• Do I need to tell my insurers that I’m undertaking this work?