Bargaining

[unclebobby]

I am currently taking my architect to a professional standards board where he could get stuck off.

Would it be acceptable for my solicitor to contact him and ask if he wants the matter dropped, he would need to claim on his professional indemnity insurance to put right what he did wrong (thus far he has refused to do so)? Or would that constitute blackmail?

[Onestepatatime]

Re: Bargaining

Wouldn't/shouldn't that be a question for your solicitor?

Have you given the architect the opportunity to justify his decision or rectify his mistake?
How are you sure that he had made a mistake?
You clearly have a battle of conscience going on, either you don't want to ruin the guys career or you're not convinced by your judgement if his error?

[des8]

Re: Bargaining

If you have made a claim against the architect, how do you know whether or not he has notified his PI insurers?
It is almost bound to be a condition of the policy that any circumstance that may lead to a claim is notified to the insurers as soon as possible.
Are you sure he has PI cover?

[unclebobby]

Re: Bargaining

Wouldn't/shouldn't that be a question for your solicitor?

Have you given the architect the opportunity to justify his decision or rectify his mistake?
How are you sure that he had made a mistake?
You clearly have a battle of conscience going on, either you don't want to ruin the guys career or you're not convinced by your judgement if his error?

I have given the architect about a year to put things right. He has refused every type of mediation and is behaving like a child.

How do I know he has made a mistake? I know because he was meant to oversee my build and halfway through he went awol and the build went to pot....

Actually I am 100% convinced that he is to blame!

Honestly, I was looking for help as to whether I could use it as a negotiation tool, as at the end of the day all I want is to get my house back to normal!

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If you have made a claim against the architect, how do you know whether or not he has notified his PI insurers?
It is almost bound to be a condition of the policy that any circumstance that may lead to a claim is notified to the insurers as soon as possible.
Are you sure he has PI cover?

I know he has insurance as it is a legal requirement to have insurance to be a member of the architect registration board. Basically anyone who wants to practice as an architect in the UK has to be registered with them (it is the ARB that are now prosecuting him).

I am 100% sure he is covered.

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So I am no clearer as to whether I can use the tribunal as leverage to get the architect's insurer to pay up! Anyone?

[des8]

Re: Bargaining

you can't get the insurers to pay up, as you put it!
Only the architect can make a claim on his PI policy.
You need to tell the architect of your dissatisfaction
If he does nowt, or you cannot come to an agreement, you sue him.
If he makes a claim his insurers will take over his defence
If you win your claim he (or his insurers if he involved them) should pay up.

It is possible that he allowed his policy to lapse but carried on practising.
Perhaps he did not fulfil the requirement to carry insurance.... some peeps break the rules.
Hence the question about his PI cover.


What are the ARB prosecuting him for?
Are you suggesting the ARB have brought a private criminal case against him?

At the moment you are processing your claim through ARB.
If that does not produce a desired result you could try mediation and if that fails as a last resort you have court.