When designers, developers or contractors specify, or even recommend, materials to be used in a project, they should be aware that they are taking on an element of product liability. If the materials don’t fulfil the client’s requirements, the freelancer will be held responsible.
Imagine that you’re an interior designer contracted to fit out a fashion shop. The floor of the shop forms an integral part of the design, so you research what’s available, check the manufacturers’ specifications, and discuss your specific requirements with the manufacturer and the fitter –- both assure you that the flooring is right for the job, so you go ahead.
Oh dear. Nine months later you receive a complaint from the shop owner, followed by a letter of claim from the shop owner’s solicitors that the floor is wearing out. The owner claims it is damaging business.
You are clearly not responsible for the failure of the floor – but the manufacturer is blaming the fitter, and the fitter is blaming the manufacturer – and your client holds you responsible as it was you that recommended the material.
Thankfully, you would be covered by your professional indemnity policy. However, legal costs in defending a case like this can be substantial and, although your insurer will take up the case with the manufacturer and attempt to recover costs and damages, this could take at least a year and the insurer is unlikely to recover more than a proportion of the costs expended.
Blyth Valley specialise in insurance for small to medium-sized businesses and independent consultants. By offering profession-specific policies and giving customers their own personal insurance advisers, Blyth Valley are one of the top Professional Indemnity insurers on the market.
More info: Blyth Valley’s Personal Indemnity plan
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