LEGAL advice?

[DAN212222]

hi guys not sure where to post this, but i really need some advice....

 

im currently working at an architects part time on a self employed basis, as an architect technician. And the company recently cocked up on a drawing which cost a client £3000.00 which they are now trying to claim back from the company...... the boss was blaming everyone from the builder to the frame manufacturer for the problem but then it came down to me..... although i was only going from his instructions. Where does the liability lie, with the company as that who was employed to by the client, or me as a self employed individual? im a bit nervous that i am going to be caught out for money i havent really got........ oh yeah the company did not have liability insurance either... hence the reason i think they are trying to pin it on me....

 

sorry for the long post but as you can guess im a little on edge....

 

lol thanks for any advice, espicially from uk users

 

thanks

 

dan

[Limbus]

Whos fault was it? If you just did what the Boss told you they cant really blame you. And in the end they have to prove that it was your fault.

 

Either way it would be best for you to consult with a lawyer if they really giong to blame it on you.

 

Florian

[DanNegus]

Who checked and approved the drawing(s)?

 

If it goes legal, you'll need to show that you followed your responsibilities under the companies QA procedures, and the error lay elsewhere.

 

As a self employed contractor I'm not sure how this differs from being a full time employee, you'll have to look at your contract in detail.

[duvet77]

Maybe more info may be helpful, not that i've got experience of being self employed.

 

what was the error?

did you produce the drawing from an architects sketch?

was your drawing approved by an architect?

if the error was a manufacturing problem, did you receive sub contractors drawings to approve?

who approved those?

 

As a full time employee any mistake i make is the company's responsibility not mine, but i'm not sure where you stand as a self employed technician. As already suggested, I would check your contract.

[DanNegus]

As a full time employee any mistake i make is the company's responsibility not mine

 

Maybe not anymore since the new CDM regulations came in in April. (in the UK that is), although there's still a grey area apparantly, but our companies "CDM champion" said he wouldn't like to be the first test case!

[duvet77]

Maybe not anymore since the new CDM regulations came in in April. (in the UK that is), although there's still a grey area apparantly, but our companies "CDM champion" said he wouldn't like to be the first test case!

 

good job i don't make mistakes then... well, not many!

[IC]

I think it all comes down to the wording on the Pro Forma or Contract you have with the Architects. If you have no insurance then they would probably have to cover it with theirs unless your contract says otherwise. I assume they sub-contracted you to draft their design.

 

The new CDM regs are complex and make the client responsible for ensuring everyone who works on the project is competent so it's not a case of "Who drew this, it's their fault".

[Thox]

What's more worrying is that the company your working for does not have Public Liability Insurance. How are they are able to operate like this?!? scarey

 

Like others have said though, so long as you can show you were following instructions from your boss, it should be the company that takes the rap. However, it does seem as though they are looking for a scape goat, due to the lack of no insurance.

 

Thox

[DAN212222]

thanks guys, really appreciate all the advice

 

well i have no contract with the company who i have now been with for a year...on a part time / self employed basis...

 

little bit more information: we created a drawing giving the dimensions of all the walls, and then rushed out a foundation drawing which was not checked by anyone or approved.... in the end the foundations were to small which lead to trenches been redug.... my foundation drawing was created from an approved wall dimension drawing, but its seams to have been the wrong one....

 

with regards to the insurance... i think there was a lap while they changed provider, although we are a small practice with only 3 employees i think the boss cancelled the insurance to save some money when we were going through a rough period.....

 

anyhow he came back from the meeting this morning, and hasnt said anything to me with regards to me been held liable and it all seams to be hunkey dorey... .lol well until the money is owed i bet

 

he is now stating he will pay for it through his insurance.....

 

 

its all fun and games....

 

dan

[alexg]

sorry to hear about that.

 

with legal issue, I'm afraid that it wont' be over until things are settled either financially or legally.

 

does your name comes out in the drawing sheet that is printed out for foundation? if so, then you might not be off the hook yet.

but, if your boss' name is there on the 'approved by' column, then he is the one to take responsibility.

 

legally, what is printed that matters. black on white.

[Tommy L]

Go work somewhere else is my advice! your boss sounds like an asshole. An irresponsible asshole, which is even worse.

[James]

This thread caught my interest.

 

I've recently set up my own practice, but am currently doing contract/freelance work on the behalf of several architectural practices, most of whom I've been an employee of in the past & have maintained a good relationship with them. Won't be looking at doing any private work of my own for a while.

 

Just thought I'd share my two cents. With any practice or new client I approach, I make it clear from the outset (usually confirmed in writing) that responsibility for Professional Indemnity insurance lies with them. In return, my costs are lower than they would be if I was to factor this into my fees... & I don't need to worry about potential claims. I'm setting up drawings on THEIR sheets, conforming to THEIR standards, & talking to THEIR clients as if I was a full-time employee. In most cases, the only contact I have is with them & not their clients anyway.

 

My advice, I'd get this confirmed in any part-time/freelance contract you set-up with any future employer... & I think someone else may have pointed this out, but if your practice is selling themselves as 'Architects', I'm assuming they're registered with the Architect's Registration Board (ARB). If this is the case, then PI Insurance is mandatory for registration. Don't think they'd look favourably on your office if your boss's excuse for not having it in place when a claim is made is that he was trying to save a few quid. Doesn't sound very professional.

 

Sounds dodgy if they're attitude is to look around for a fall guy when the shit hits the fan. Wouldn't stand for it.

 

I'd start looking elsewhere.

[Sawyer]

Sounds dodgy if they're attitude is to look around for a fall guy when the shit hits the fan. Wouldn't stand for it.

 

I'd start looking elsewhere.

 

Yup - Even if you had made a mistake that was all your fault (which it wasn't in this case) they should fire you not dock your pay. Thats just childish.

[3DEXTRUDE]

if i was you i would not worry much..

 

Since you have no contract with them, and you are part time, your boss is responsible. Do they acknowledge you in that company as part of the team at all? It seems like your name does not even exist in their company..

 

If they give you a hard time, call Gotti, he will break their legs...nah just kidding..I think you will be fine. You have nothing to worry about. If he does get mad and try to blame you, well, from what i come from, everything i ever do in this architecture company has to be double checked before it goes out the door. Any architect guy who works in my company, his work has to be double checked as well. So, if they did not check your work, thats their fault.