risks & implications relating to insurance. · there were no automatic detection or suppression...

RISKS & IMPLICATIONS

RELATING TO INSURANCE.

24/9/2019.

T H O M A S P . E N G L I S H & A S S O C I A T E S 1

RISKS & IMPLICATIONS REGULATING TO INSURANCE.

Hammurabai’s Code – 1760 B.C.

282 Rules: 3 sections – Property Law, Family Law, Laws relating to Retaliation & Restitution.

5 Rules for Building Contracts:

No. 229: If a builder builds a house for a man and does not make its construction firm and the

house which he has built collapses and causes the death of the owner of the house that builder

shall be put to death;

No. 230: If it causes the death of the son of the owner of the house they shall put to death a son of

the builder;

No. 231: If it causes the death of a slave of the owner of the house he shall give to the owner of

the house a slave of equal value;

No. 232: If it destroys property, he shall restore whatever it destroyed and because he did not

make the house which he built firm and it collapsed, he shall rebuild the house which

collapsed at his own expense;

No. 233: If a builder builds a house for a man and does not make his constructions meet the

requirements and a wall falls in, that builder shall strengthen the wall at his own expense.


RISKS & IMPLICATIONS.W RELATING TO INSURANCE.

The Great Fire of London 1666.

Gave rise to Property Insurance.

Gave rise to the use of Fire Compartmentation as a Fire Stopping

Measure.

Party Wall - 1 yard (3 feet) above the Line of the Roof.

Refer Page 81 – T.G.D. B.

T H O M A S P . E N G L I S H & A S S O C I A T E S

3


FIRE – THE BUILDING AS AN ENTITY.

Regardless of how well an individual component of a building is

designed and manufactured and even, to some extent, how well it is

installed, the reduction of fire spread can only be effective if the

building itself behaves in a predictable manner.

The interaction between the elements of construction, in the event of a

fire, should not cause elements to move and produce large gaps or to

collapse prematurely.

In design terms this means the specification of a regime of

compartmentation which, in the event of a fire, will not be thwarted

by any unsatisfactory performance of elements of a building or any

unhelpful features of its design and assembly.

This applies to both traditional construction and M.M.C.


4


Major / Multiple death fires in Ireland.

Burning of Cork (5) (1920). Dromcolliher (48) (1926).

Pearse Street (3) (1936). Cavan (36) (1943).

Noyeks (8) (1972). Dalkey (13) (1974).

Portarlington (6) (1977). Bantry (51) (1979).

Bundoran (10) (1980). Stardust (48) (1981).

Tipperary (5) (1985).Loreto (6) (1986).

Bray (2) (2005).Cabinteely (10) (2015).




7


CCTV Tower, Beijing, China.

9th February 2009.

– 1 fire fighter died.

One firework = blazing tower.


8


Downtown Address Hotel.

62 Storey Hotel / Apartments.

External Fire Spreading

30+ Stories.

Fireworks Probable Cause.


9


Berlin, Germany: 25th April 2005.

Typical Low Rise Apartments. 2 people died.



Central Hotel Fire, Bundoran – 8/8/1980:



Bradford City Fire 1985:



Massachusetts.

$14m; September, 12.04am.

This three-storey retirement living complex covered 116,000ft2

(10,800m2) and was of unprotected wood frame construction. It

was under construction and there was no one in the building at

the time of the fire. There were no automatic detection or

suppression systems present.

This incendiary fire was set in several locations. One firefighter was

injured.

T H O M A S P . E N G L I S H & A S S O C I A T E S13


How do people die in a fire usually?

Smoke Inhalation.

Carbon Monoxide.

Hydrogen Cyanide.

Hydrocyanic Acid.

Other Toxic Vapours.

Burns.

Trauma (Non-Burn).



Year. H & S Deaths. Fire Deaths. Road Deaths. Construction.

2018. 37. (1051). 18. (776). 149. (5134). 5 (242).

2017. 47. (1014). 42. (758). 159. 6. (237).

2016. 46. (967). 20. (712). 187. 9. (231)

2015. 56. (921). 32. (692). 166. 11. (222).

2014. 55. (865). 37. (660). 194. 8. (211).

2013. 46. 24. 188. 11.

2012. 47. 28. 162. 8.

2011. 54. 38. 186. 6.

2010. 48. 38. 212. 6.

2009. 43. 42. 239. 10.

2008. 57. 35. 279. 15.

2007. 67. 41. 338. 18.

2006. 51. 42. 368. 13.

2005. 74. 41. 396. 23.

2004. 50. 35. 374. 16.

2003. 68. 34. 335. 20.

2002. 61. 48. 376. 21.

2001. 64. 58. 411. 18.

2000. 70. 43. 415. 18.T H O M A S P . E N G L I S H & A S S O C I A T E S 16


HAZARD IDENTIFICATION & RISK ASSESSMENT.

Hazards / Risk Factors / Perils / Exposures.

New Laws: e.g. Building Regulations, Health & Safety Acts, etc.

New Discoveries: e.g. new illnesses - SARS (severe acute

respiratory syndrome); Zika, Passive Smoking, etc.

Existing Illnesses: e.g. Foot & Mouth Disease, Mad Cow Disease,

Ebola, etc.

Changing Societal Attitudes: e.g. Product Liability, Cigarettes, etc.



1. NATURE OF CONTRACT:

Nature of Contract is a fundamental principle of insurance contract.

An insurance contract comes into existence when one party makes an offer

or proposal of a contract and the other party accepts the proposal.

A contract should be simple to be a valid contract.

The person entering into a contract should enter with his free consent.



2. PRINCIPLE OF UTMOST GOOD FAITH:

Under this insurance contract, both the parties should have faith over each

other.

As a client it is the duty of the Insured to disclose all the facts to the

insurance company.

Any fraud or misrepresentation of facts can result into cancellation of the

contract.



3. PRINCIPLE OF INSURABLE INTEREST:

Under this principle of insurance, the insured must have interest in the

subject matter of the insurance.

Absence of insurance makes the contract null and void.

If there is no Insurable Interest, an insurance company will not issue a

policy.

An Insurable Interest must exist at the time of the purchase of the

insurance e.g. a creditor has an Insurable Interest in the life of a debtor, a

person is considered to have an unlimited interest in the life of their spouse,

ownership of a house / apartment, etc.



4. PRINCIPLE OF INDEMNITY:

Indemnity means security or compensation against loss or damage. The

principle of Indemnity in insurance states that an Insured may not be

compensated by the insurance company in an amount exceeding the

insured’s economic loss.

In type of insurance the Insured would be compensated with the amount

equivalent to the actual loss and not an amount exceeding the loss.

This is a regulatory principle which is observed more strictly in Property

Insurance than in Life Insurance.

The purpose of this principle is to set the Insured back to the same

financial position that existed before the loss or damage occurred.



5. PRINCIPAL OF SUBROGATION:

The principle of Subrogation enables the insured to claim the amount from

the third party responsible for the loss.

It allows the insurer to pursue legal methods to recover the amount of loss,

e.g. if you get injured in a road accident, due to reckless driving of a third

party, the insurance company will compensate your loss and will then sue

the third party to recover the money paid out as a claim.



6. DOUBLE INSURANCE:

Double Insurance denotes insurance of same subject matter with two

different companies or with the same company under two different

policies.

Insurance is possible in case of indemnity contract like fire, marine and

property insurance.

Double Insurance policy is adopted where the financial position of the

Insurer is doubtful. The Insured cannot recover more than the actual loss

and cannot claim the whole amount from both the Insurers.



7. PRINCIPLE OF PROXIMATE CAUSE:

Proximate Cause literally means the ‘nearest cause’ or ‘direct cause’.

This principle is applicable when the loss is the result of two or more

causes.

The Proximate Cause means that the most dominant and most effective

cause of loss is considered.

This principle is applicable when there are series of causes of damage or

loss.



SOURCES OF RISK.

Physical Environment.

Social Environment.

Political Environment.

Legal Environment.

Operational Environment.

Economic Environment.

Cognitive Environment.



LOSS ANALYSIS.

Severity = Losses (€) / No. of Losses.

Frequency = No. of Losses / No. of Exposures.

Expected Loss = Losses (€) / No. of Exposures.



LOSS SEVERITY CALCULATION.

Maximum Possible Loss / Estimated Maximum Loss.

Maximum Probable Loss / Estimated Maximum Loss.



COMMONLY INSURED PERILS - TRADITIONAL.

Fire.

Lightning.

Windstorm.

Hail.

Explosion.

Smoke.

Aircraft & Vehicle Damage.

Riot.

Vandalism (Malicious Mischief).

Falling Objects.

Weight of Snow, Ice or Sleet.

Water Damage.

Glass Breakage.

Sprinkler Leakage.

Perils of Transportation.

Crime Perils.



DIFFICULT TO INSURE.

Earth Movement.

Floods.

Nuclear Reaction.



UNINSURABLE PERILS.

Against Public Policy.

Under the Control of the Insured e.g. suicide.

Probability of Loss is Too High.

Simultaneous Destruction.

War, Terrorism, Rebellion & Insurrection.

Intentional Losses.

Fading, Rust, Dry Rot & Settling.

Production, Marketing & Political Risks.



FINANCIAL CONSEQUENCES OF A LOSS.

Reduction in Value.

Debris Removal.

Business Interruption.

Contingent Business Interruption.

Loss of Rental Income.

Loss of Rental Value.

Loss of Leasehold Interest.

Inability to Reconstruct Records.

Loss of Use Value in Improvements & Betterments.

Demolition Costs & Increased Cost of Reconstruction.



VALUATION OF A LOSS.

Market Value.

Replacement Cost.

Actual Cash Value.

(Replacement Cost & Depreciation).

Present Value of the Asset’s Contribution.



NEGLIGENCE.

Acts of Omission.

Acts of Commission.

Elements: Legal Duty.

Breach.

Damages {Compensatory (Special, General), Punitive}.

Proximate Cause.



DEFENCES TO NEGLIGENCE.

Contributory Negligence.

Comparative Negligence.

Assumption of Risk.

Statute of Limitations.

Immunities {Sovereign, Charitable Institutions, Public Officials}.



RISK CONTROL: Avoidance / Prevention / Reduction /

Information Management / Risk Transfers.

RISK AVOIDANCE: Proactive Avoidance / Abandonment.

LOSS REDUCTION: Salvage / Subrogation / Litigation Management

Management / Catastrophe (Contingency) Plans /

Duplication / Separation.

RISK TRANSFER: Property or Activity Transferred / Contractually

Pass the Liability. {Insurance, Non-insurance

Transfers (Do Not Satisfy Conditions to be Insurance; Provide

External Funding) / Hedging (Taking an Offsetting Risk;

Not Possible for Many Types of Risks – Interest Rate, Exchange

Rate, Commodity Price, Oil Price)}.



ELEMENTS OF INSURANCE.

Contract.

Premium.

Conditional Benefits.

Pooling of Resources.

Bodies Involved: Buyer Side of the Market {Risk Managers,

Brokers, Consultants}.

Supplier Side of the Market {Insurance

Company, Underwriters, Claims

Adjusters, Agent, Actuaries, etc.}.



RETENTION Vs. TRANSFER.

Ability to Bear the Loss.

Cost & Effectiveness of a Transfer.

Degree of Control over the Risk.

Insurance Loading Fees.

Additional Insurer Services.

Insurance as a Signal.

Opportunity Costs.

Taxes.



RISK FINANCING.

Guaranteed Cost - Insurance {Underwriting with Premium

Depending on Classification Groupings &

Premium Calculated}.

Experience-Rated Insurance.

Retrospective Rating.



INSURABLE RISK.

Large Number of Homogenous Exposure Units.

Accidental.

Determinable & Measurable.

No Simultaneous Destruction.

Probability Calculable & Not Too High.

{suicide, space shuttle, mental illness, war,

early flight & computers, terminally ill, etc.}



VALUE OF INSURANCE.

Stability.

Indemnification.

Reduction in Reserve Funds.

Insurers’ Ability to Invest.

Satisfies Financial Requirements.

Specialization in Loss Prevention.

Adequate Sum Insured Vs. Underinsured.



SOCIAL COSTS OF INSURANCE.

Insurers’ Operating Costs.

Moral Hazard.

Exaggeration of Losses.

Cheating.

{Insurer: Failure to Honor the Contract / Misleading /

Contracts / False Advertising / Inappropriate Sales}.

{Insured: Fraud}.

Cheating leads to increased Litigation & Regulation.



REQUIREMENTS FOR AN INSURABLE CONTRACT.

Offer & Acceptance.

Consideration.

Competent Parties.

Legal Purpose.



INDEMNITY.

Based on Valuation {Property: ACV; Liability: Actual Damages}.

{Apparent Exceptions: Valued Policies / Replacement

Cost Insurance / Life Insurance}.

INSURABLE INTEREST.

Property & Liability: {Time of Loss / Ownership / Potential Legal Liability /

Secured Creditors}.

Life Insurance: {Time of Policy Purchase / Close Ties (Love, Blood, Marriage) /

Pecuniary Interest}.



SUBROGATION.

{Prevents Double Indemnification / Holds Down Insurance Costs}.

UTMOST GOOD FAITH.

{Representations / Concealment / Warranty / Material Fact}.



INSURANCE REGULATION.

Licensing.

Solvency.

Rate Approval.

Agents’ Activities.

Insurance Contracts.



INSOLVENCY OF INSURANCE COMPANIES.

Bad Management.

Poor Underwriting.

Inadequate Reserves.

Bad Investing.

Inattentive to Loss Prevention.

Competitive Pressures.



OPEN COMPETITION IN INSURANCE.

Advantages: Flexibility / Increased Availability of Insurance /

Avoid Political Fights / Frees up Time of Regulators.

Disadvantages: Price Gouging / Risk of Insolvency / Fair.

Causes of Market Failure: Adverse Selection / Individuals

Underestimate the Loss Potential / Insurance Costs Too

Much / Pooling Not Possible / Insurers Can Not Estimate

the Loss Potential.



Construction Methods .

Legislative Requirements.

Building Standards & Regulations - Building Regulations.

Insurance Covers, Implications, Requirements & Problems.

Life Safety Issues.

Claims Problems.



FLOOD / STORM / COMBUSTIBILITY / OBSOLESCENCE.

This is a concern.

The predominate form of M.M.C. in Ireland is timber framed

buildings.

About 20% of the domestic building stock.

Wind storm loading.

Ireland = Zone 4 (High), based upon Munich Re natural hazard

rating.

No noticeable increase in damage sustained.

Common Terminology?


49


Construction Methods .

Legislative Requirements.

Building Standards & Regulations - Building Regulations.

Insurance Covers, Implications, Requirements & Problems.

Life Safety Issues.

Claims Problems.



HOW IS INSURANCE PLACED?

Someone (Insured or their representative) makes a submission;

Insurer reviews the contents of the submission;

Insurer decides on premium & informs Insured / Proposer of any

Conditions / Warranties / Endorsements / Excesses /

Deductibles applicable;

Insured / Proposer accepts offer of Insurance Cover & pays

premium;

Insurance Cover activated by Insurer from a specific time and date.



INSURANCE POLICIES:

Household.

Apartment Block.

What do they cover in fact?



‘Insurance Policies’:

Have your read them?

Do you read them?

Do you actually know the extent & range of covers?

Do you know the excesses / deductibles?

Do you know the conditions / warranties / exclusions?

How have you (or your broker) evaluated the covers / policies you have?

What were your instructions?

Do you actually know what your insurance policies cover?

Do they cover your actual liabilities & exposures?

HAVE YOU CONSIDERED WHAT CAN GO WRONG????



BASIC BUT IGNORED LEGAL REQUIREMENTS:

It is a Statutory requirement to maintain records.

Fire Safety Certificate Application reports & Grants should be obtained &

retained on file.

A Safety File for the development is required for conveyancing.

A Fire Register / Manual / Log Book must be maintained and be available

for inspection by the Fire Service on request.

Record drawings are essential to allow Service and Maintenance operations

to be carried out effectively.

A facility cannot be effectively managed without records.



What construction system was utilised in the apartments / houses under your

control?

Masonry.

Timber Framed.

Metal Framed.

Foam.

Others.

Old or New.

Do you know what materials were utilised in the construction of ‘your’

apartments / houses?

Were those materials suitable for purpose & for the expected conditions?



M.M.C. TYPES – Non-Exhaustive.

Superstructure Components: Lightweight Cladding Systems:

Volumetric / Modular. Composite Panels.

Pods. EIFS.

Panellised. Aluminium Composite Panels (ACP).

SIP’s. Brick Slip.

Hybrid / Semi-Modular. Rain Screen.

Tunnel Form. Render Systems.

Thermal Mass. Timber.

Insulating Concrete Formwork. Hanging Tiles.

ETFE Roofs. Green Walls.



M.M.C. Positives:

Design Possibilities.

Off Site Construction.

Speed of Construction.

Insulation Values.

Flexible Layout.

Cost.


57


Understand:

Test Case: MILLFIELD MANOR, NEWBRIDGE, CO. KILDARE.

What Happened: Millfield Manor is a development constructed c.

2006 consisting of approximately 98 houses in terraces of 3, 6 and 8 houses and

apartments by Barrack Construction Ltd.

On the afternoon of the 31st March 2015 a fire commenced as a result of

alleged arson in a house in one of the terraces of 6 houses and spread to total

destruction of the terrace of houses within 25 minutes.

The Fire Brigade arrived relatively quickly and in interviews the Chief Fire

Officer stated that their function was to stop it spreading to an adjacent terrace

of houses.

Lot of comment about malicious cause, strength of winds, etc. These are

secondary factors in relation to the horizontal spread of fire internally.



MILLFIELD MANOR VIDEO. (31/3/2015).




Impact:Negligible Minor. Moderate. Major. Extreme.

Likelihood:

Almost Certain. 5. 10. 15. 20. 25.

Likely. 4. 8. 12. 16. 20.

Possible. 3. 6. 9. 12. 15.

Unlikely. 2. 4. 6. 8. 10.

Rare. 1. 2. 3. 4. 5.


Likelihood: 2.

Impact: 4.

Risk: 8.

Priority: B. High Priority.



Colindale, London – 220 Apartments:



Colindale, London – 10 – 12 minutes into the Fire:



DEPARTMENT OF ENVIRONMENT:

Building Standards.

The design and construction of buildings is regulated under the Building Control

Acts 1990 to 2014, in order to ensure the safety of people within the built

environment.

Building Control Act 1990.

Building Control Act 2007.

Building Control (Amendment) Regulations 2014.

Technical Guidance Documents (T.G.D.).

Department Of Environment – Fire Safety Guides.

HomeBond Insurance / Premier Insurance / Latent Defects, etc.



The fire safety principles on which the ‘Guide to Fire Safety in Flats, Bedsits &

Apartments’ is based are adopted primarily to protect life. These principles may

be summarised as follows:

(i) Avoidance of outbreaks of fire;

(ii) Provision of escape routes which are protected from fire and smoke to

allow occupants to leave the building safely;

(iii) Early detection of fire and early warning to occupants to facilitate safe

evacuation;

(iv) Early suppression of fire, where this is feasible;

(v) Limitation of the development and spread of fire;

(vi) Containment of fire and smoke to the room or flat where the fire

originates;

(vii) Management of fire safety.



LEGAL TITLE:

When buying a house / apartment what are the minimum requirements for Conveyancing Purposes?

What is the purpose of Conveyancing? To ensure good clean title.

Pre – BCAR 2014: Probably most important document for a House / apartmentwas the availability of a HB 11 Certificate from HomeBond or Premier

Insurance Completion Certificate.

Provided ‘10 Year Structural Guarantee’.

CAVEAT EMPTOR:

It is the view of the conveyancing committee that every purchaser of a property should be advised in writing to have the structure of the building checked out either by a qualified engineer or architect. It would be prudent for the solicitors not to recommend any particular architect or engineer but rather that clients should find for themselves the persons with the necessary qualifications to give them a satisfactory report. If solicitors fail to give clients such advise and it subsequently transpires that it cost the clients a lot of money to carry out work to the structure that they did not take into account when they decided to buy the house, they may issue proceedings for negligence.

Law Society Gazette 1992.



FIRE RISK ASSESSMENT (F.R.A.):

An essential record to have or to prepare.

Original Fire Safety Certificate (F.S.C.) application will have included an F.R.A.

F.S.C. Application & Grant can be retrieved, if not on record.

I.S.3218:2013 states all Residential Buildings should have a F.R.A.

Must be carried by a Competent party.

Building Control Regulations (B.C.A.R.) emphasise the need for Risk Analysis.

Department of Environment has issued T.G.D. B – Fire Safety – Volume 2 –

Dwelling Houses and deals somewhat with Timber Framed Buildings.

T.G.D. B – Fire Safety (now known as Volume 1) is under review at present & will

be issued for public consultation possibly early next year {probably after the

final Grenfell Report is issued}.



BASIC KNOWLEDGE OF HOUSE CONSTRUCTION.

Traditional / New Systems.

Suitable Materials./

Structurally Sound / Waterproofed.

Ease of Access & Egress.

Means of Fire Spread (Internal & External).

Cavities / Shafts.

Fire Safety.

Means of Escape.

Is there a design available?

Has it been tested in real life test situations?

Is there an Agrément Certificate for the particular design / innovative product?

Are there clear Manufacturer’s Instructions in relation to the erection, fitting out,

future maintenance, etc. of the particular house construction system?



SOMETHING GOES WRONG???

Increased Insurance Costs;

Potential Legal Costs;

Possible prosecution;

Loss of reputation;

Loss of Property / Foreclosure;

Loss of Home;

Bankruptcy;

Jail;

etc.



EXAMPLES of Potential Problems:

Using lightweight and combustible materials may cause a greater degree of fire spread, leading to increased claims costs.

Modular construction can cause hidden gaps that can lead to even a small incident causing a disproportionately high loss.

Expensive delays can occur if a pod in situ needs to be removed, causing disruption and removal of surrounding pods.

Increased risks of water damage and storm losses due to the materials used and the effects of wear and tear over time.

M.M.C. materials’ ability to withstand the effects of flooding is unknown in many cases.

As many M.M.C. systems are new and innovative, contractors may have no previous experience of the materials and assembly techniques required.

Problems of obtaining replacement components in the future, especially if a particular manufacturer goes out of business.



Assigned Certifier’s Role {Building Control Regulations 2014}.

{B.C.A.R}.

The Assigned Certifier is assigned by the Building Owner as required under

the Building Control Regulations. They undertake to inspect, and to co-

ordinate the inspection activities of others during construction, and to certify

the building or works on completion.

The role of Assigned Certifier does not include responsibility for the

supervision of any builder. They may or may not be a member of the design

team.

Technical Guidance Document B - 2017 - Fire Safety – Volume 2 – Dwelling

Houses.

Technical Guidance Doc D - 2013 - Materials & Workmanship.


84


ISSUES OF CONCERN – 1.

Water Leaks {Prevention & Emergency Plans}.

Frost Damage Prevention.

Combustible Waste Storage {away from buildings, secure, cigarette ends,

arson, etc.}.

Fire Compartmentation & Inspections {include details in Fire Register

including maintenance & inspection of fire doors , ensuring

not wedged open, self-closers operate correctly, etc.}.

Fire Stopping Details {especially after any construction works}.

Building Preventative Maintenance {including roofs, gutters, drains,

pumps, etc.}.

Passenger Lifts {maintenance, statutory inspections}.

Emergency Lighting {maintenance, inspections, confirmation

certification}.




Fire Detection & Alarm Systems {weekly tests, maintenance, emergency

plans (including authority to silence alarms, confirmation

documentation, type of system}.

Fire Extinguishers {maintenance, training of residents, contractors}.

Fire Emergency Plans {escape routes, summoning emergency services, fire

drills for residents}.

Slips & Trips {including during cleaning, icy weather, construction works,

condition & maintenance of paths / roadways}.

Contractor Controls / Own Maintenance Man {control of operations, Hot

Works, machinery, work at a height, access to roofs / attics /

voids / lift shafts, electrical installation inspection /

maintenance, etc.}.




Building / Apartment Security {outbuildings, physical, lighting, staying

alert / neighbourhood watch, intercom procedures, window

opening restriction <90mm (legal requirement since 2017),

balconies (internal, external, stairwells, timber deck /

maintenance), barbeques, roof garden balustrade (heights >

1100mm), vacant apartments / going on holidays, car park

safety, etc.}.

Basement Car Parks {location of waste bins, oil tanks, gas meters, electrical

rooms, etc. beneath or beside services & cables, fire stopping}.

Safety Management, Risk Assessments, Safety Statement.

Heating Boilers {annual maintenance records}.

Trees near buildings.

Others {chimneys, use of candles, smoking}.



FIRE TEST - BEDCLOTHES.



Cavan Orphanage Fire – 1943:

In Cavan there was a great fire,

Judge McCarthy was sent to inquire,

It would be a shame, if the nuns were to blame,

So it had to be caused by a wire.

—Flann O'Brien & Tom O'Higgins


http://en.wikipedia.org/wiki/File:Cavan_Orphanage_Grave.jpg

http://en.wikipedia.org/wiki/File:Cavan_Orphanage_Grave.jpg


Needs & Wants of Construction:

Shelter.

Warmth.

Space.

Suitable for Occupation Type Domestic / Commercial.

Cost Effectiveness.

Build-ability.

Maintenance / Repair-ability.

Long Term Value.

Insurability.



BASIC BUT IGNORED LEGAL REQUIREMENTS:

It is a Statutory requirement to maintain records.

Fire Safety Certificate Application reports & Grants should be obtained &

retained on file.

A Safety File for the development is required for conveyancing.

A Fire Register / Manual / Log Book must be maintained and be available

for inspection by the Fire Service on request.

Record drawings are essential to allow Service and Maintenance operations

to be carried out effectively.

A facility cannot be effectively managed without records.



LEGAL TITLE:

When buying a house / apartment what are the minimum requirements for Conveyancing

Purposes?

What is the purpose of Conveyancing?

Pre – BCAR 2014: Probably most important document for a House / apartment

was the availability of a HB 11 Certificate from HomeBond or Premier

Insurance Completion Certificate.

Provided ‘10 Year Structural Guarantee’.



HOMEBOND GUARANTEE:

1. Guarantees the dwelling against major structural defects for ten

years.

2. Guarantees the dwelling against water & smoke penetration

for the first two years of the warranty period.

3. Guarantees protection against loss of deposit or stage payments

before the house is completed.



HOMEBOND ‘COVER’:

"Liability Period" means the period of ten years from the date of issue of

the Final Notice save and except in respect of a Major Defect falling within

sub-paragraph (b) (i.e. smoke penetration) or (c) (i.e. water penetration) of

the definition of Major Defect below in which event the Liability Period

shall be 2 (two) years from the date of issue of the Final Notice.



"Major Defect" , in the case of a Dwelling which is not an Apartment, means:

(a) any major defectin the foundation of a Dwelling orin the load bearing parts of its floors, walls and roof orin any retaining walls necessary for a Dwellings support

which defect affects the structural stability of the Dwelling;

(b) any major defect in the Dwelling directly resulting in smoke penetration from achimney breast into the habitable areas of the Dwelling, save and excluding smoke penetration caused by down draught and / or air starvation; or

(c) any major defect in the Dwelling directly resulting in water penetrationthrough the main structural elements, roof flashings or roof valleys of the Dwelling.

(d) any major defect in the Dwelling directly resulting in water penetration through the main structural elements, roof flashings or roof valleys of theDwelling.



CAVEAT EMPTOR:

It is the view of the conveyancing committee that every purchaser of a property

should be advised in writing to have the structure of the building checked out either

by a qualified engineer or architect. It would be prudent for the solicitors not to

recommend any particular architect or engineer but rather that clients should find

for themselves the persons with the necessary qualifications to give them a

satisfactory report. If solicitors fail to give clients such advise and it subsequently

transpires that it cost the clients a lot of money to carry out work to the structure

that they did not take into account when they decided to buy the house, they may

issue proceedings for negligence.

Law Society Gazette 1992.



LAW SOCIETY CONVEYANCING HANDBOOK STATES:

All lenders require that new dwellings are HomeBond protected &

registered with the HomeBond scheme.

Before a Solicitor allows his client to enter into abuilding contract with a

builder he should ensure that the Form HB10 has issued which

incorporates the protection that comes to his client from HomeBond.

Before completion & before the balance of purchase monies is paid over,

the Solicitor should ensure that the Final Certificate HB11 has issued & he

should not accept an undertaking with regard to same.



Premier Insurance: Compliance with Building Regulations:

The Standards in the Technical Manual require compliance with the

current Building Regulations for England and Wales, Scotland and

Northern Ireland as applicable, in force at the time the Initial Certificate

was issued for the Housing Unit where applicable and require compliance

with all other statutory requirements relating to the design and

construction of dwellings. They also include some requirements which are

not covered directly by Building Regulations, such as internal decorations

and external works.

However not specified as such in Ireland.

4 – 11 inspections per unit / property – to ‘check suitability for Insurance’.



Workmanship Requirement: All works shall be carried out in a neat and

workmanlike manner in accordance with relevant Standards and Codes of

Practice’

Structural Design Requirement: Structural design shall be carried out by

appropriately qualified persons in accordance with relevant Standards and Codes

of Practice.

Enhanced Standards Requirement: Where a Housing Unit has been accepted

for insurance and the standard of design and materials applicable to that Housing

Unit is intended to result in a performance superior to the statutory requirements

e.g. (but not limited to) the Code for Sustainable Housing, LPS 2020 and its

enhanced performance modules, those higher standards will become part of the

Functional Requirements.



Your ‘Insurance Policies’:

Have your read them?

Do you read them?

Do you actually know the extent & range of covers?

Do you know the excesses / deductibles?

Do you know the conditions / warranties / exclusions?

How have you (or your broker) evaluated the covers / policies you have?

What were your instructions?

Do you actually know what your insurance policies cover?

Do they cover your actual liabilities & exposures?

HAVE YOU CONSIDERED WHAT CAN GO WRONG????



CONCLUSIONS – 1:

How fire safe is / are any apartments / houses / properties that you Insure or are under your

direct control or that you / members of your family live in?

If there is a fire in your apartment / house / property, can everyone get out quickly & safely?

If someone is trapped in their apartment / house / property, do they know what to do?

Are you a Landlord? Do you know your statutory responsibilities?

Do you know the construction of your apartment / house / property?

Have you informed your Insurer of the details of construction of your apartment / house?

Does the Insurer care? If not why not?



CONCLUSIONS - 2: (Cont.).

Is your house insurance really in place and does it cover what you actually require

cover for?

Do your House Insurers know what they are in fact providing cover for?

Are there any solutions to the problem? If so have they been investigated & are they

capable of appropriate certification?



SOMETHING GOES WRONG???

Increased Insurance Costs;

Potential Legal Costs;

Possible Prosecution;

Loss of Productivity;

Loss of Key Employees;

Loss of Reputation;

Loss of Business & Clients;

Loss of Work Premises;

Loss of Credibility;

Jail;

etc.



FINALLY, specifically watch for the following:

Excesses / Deductibles.

Conditions / Warranties / Endorsements.

Claims Record.

Statute of Limitations.

What is actually covered under your Insurance Policy?



Risk Assessment:

4 Questions only:

What can go wrong?

How Bad?

How Often?

Is there a need for Action?



Any Questions.



THOMAS P. ENGLISH & ASSOCIATES,

165 Ballymun Road,

Glasnevin,

Dublin 9.

Mobile: 086 – 2425308.

Telephone: 01 – 8379000.

E-mail: [email protected].
