Engaging a subcontractor does not automatically transfer all responsibility away from the Interior Designer.

The exposure depends on the contractual arrangements and the role the Interior Designer accepts.

What factors matter? #

These can include:

• Who engages the subcontractor
• Who contracts with the subcontractor
• Who invoices the client
• Who selects the subcontractor
• Whether the designer directs or supervises the work
• How the designer’s role is described to the client
• Whether the designer accepts responsibility for the installation
• The client and subcontractor agreements
• Whether the issue relates to installation work or the designer’s professional services

Where the Interior Designer directly engages a trade, the client may still pursue the designer if the work results in injury, damage, delay or additional costs.

Where the client engages the trade directly, the designer can still face allegations relating to matters such as:

• Contractor selection
• Coordination
• Professional instructions
• Design
• Failure to identify an issue

What should be checked before subcontracting work? #

Consider:

• Clearly documented scopes
• Appropriate licences and qualifications
• Current Certificates of Currency
• The subcontractor’s insured activities
• Written subcontractor agreements
• Records of instructions and variations
• Disclosure of subcontracted activities to your insurer

Professional Indemnity, Public and Products Liability and Contract Works Insurance can each be relevant depending on the arrangement.

You can also read more about engaging subcontractors.

Webber Insurance can review insurance clauses from an insurance perspective. Where appropriate, we can also arrange for particular clauses to be considered by an external legal provider.

Contact our team before materially changing how subcontractors are engaged.