Professional Indemnity Insurance should not be assumed to cover every responsibility accepted under an architectural services contract. The contract can materially affect the Architect’s professional exposure.

Which clauses can create concern? #

Examples include:

• Broad indemnities.
• Fitness-for-purpose obligations.
• Guarantees of outcomes.
• Unlimited liability.
• Responsibility for other consultants.
• Unusual warranties.
• Long insurance maintenance periods.
• Departures from proportionate liability where applicable.

A contract can impose greater responsibility than the Architect would otherwise have at law. The additional contractual liability may not be fully insured.

What insurance requirements should be checked? #

A client may require specified Professional Indemnity and Public Liability limits, evidence of insurance, particular policy conditions and cover maintained after project completion.

Confirm the required insurance is commercially available before accepting the obligation.

A Certificate of Currency confirms limited policy details. It does not prove that every service, indemnity or contractual obligation is insured.

Can Webber Insurance review the requirements? #

Webber Insurance can provide a high-level review of the insurance clauses and identify matters that may affect placement or coverage.

We do not provide legal advice. Where the agreement requires legal interpretation, negotiation or amendment, we can arrange referral for a more detailed contractual insurance review.