{"id":293,"date":"2021-06-03T10:56:00","date_gmt":"2021-06-03T09:56:00","guid":{"rendered":"http:\/\/policybee.co.uk\/blog\/?p=293"},"modified":"2024-06-25T12:24:14","modified_gmt":"2024-06-25T11:24:14","slug":"focus-on-risk-the-danger-of-recommending-materials","status":"publish","type":"post","link":"https:\/\/www.policybee.co.uk\/blog\/focus-on-risk-the-danger-of-recommending-materials","title":{"rendered":"The danger of recommending materials"},"content":{"rendered":"\n

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\"Recommending<\/figure>\n<\/div>\n\n\n

As a professional, you\u2019re conscientious and willing to go the extra mile for your clients, right?<\/p>\n\n\n\n

Of course you are. Being thorough and offering the benefit of your expertise and experience is, as far as you\u2019re concerned, a given.<\/p>\n\n\n\n

Well, as always, there\u2019s a hidden danger lurking in the background. Did you know that if you specify or get involved in recommending materials as part of a project or design, you take on additional risk?<\/p>\n\n\n\n

Here\u2019s the rub: if you recommend a third-party product to your clients and it doesn\u2019t fit the bill, or it fails completely, you could be held liable.<\/p>\n\n\n\n

If that sounds somewhat unfair, this quick example might help explain what can happen and how you could be sucked into a problem.<\/p>\n\n\n\n

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How recommending materials can cost you dear<\/strong><\/h2>\n\n\n\n

Let’s imagine you\u2019re an interior designer, contracted to revamp an exclusive boutique’s sales floor. Initially, all goes to plan, to budget, and to your client\u2019s satisfaction.<\/p>\n\n\n\n

They\u2019re particularly pleased with the fancy flooring. You\u2019re chuffed with it also \u2013 it\u2019s an integral part of the design and cost a small fortune.<\/p>\n\n\n\n

It took a while to research and \u2018green light\u2019, too. Several discussions with the manufacturer, the specialist fitter, and your client were needed to establish the floor was right for the job. Fitted with care, you’re reassured it’ll be fine and you persuade your client it’s the floor for him.<\/p>\n\n\n\n

Nine months after the contract ends, however, you get an irate call from the shop owner. The floor is wearing badly and breaking up. Customers are complaining and a few have tripped up. <\/p>\n\n\n\n

He claims it\u2019s costing him business. He\u2019s also claiming it\u2019s your fault.<\/p>\n\n\n\n

How? Clearly, you can\u2019t be held responsible for the failure of the floor, can you? Your investigations into who actually is<\/em> liable aren\u2019t helped by the manufacturer blaming the fitter and the fitter blaming the manufacturer.<\/p>\n\n\n\n

Not that your client cares. As far as he\u2019s concerned, you’re responsible because it was your design \u2013 and your design included recommending materials for the flooring.<\/p>\n\n\n\n

Just in case there was any doubt about how he feels, next thing you know there\u2019s an ominous-looking letter from his solicitor on your doormat\u2026<\/p>\n\n\n\n

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How professional indemnity insurance can help<\/strong><\/h2>\n\n\n\n

So what do you do? Defending yourself in court takes the kind of time and money that very few (if any) businesses can afford.<\/p>\n\n\n\n

On the other hand, professional indemnity insurance<\/a> helps fight your corner if you have it. Not only does it pay for a legal expert to represent you, but it also takes care of any rectification costs or compensation due.<\/p>\n\n\n\n

Needless to say, the legal costs involved in a case like this are substantial to say the least. Not to mention the fact it could take at least a year for the insurer to recover costs and damages from the manufacturer, for their flooring not being fit for purpose.<\/p>\n\n\n\n

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Risk reduction<\/strong><\/h2>\n\n\n\n

Even if you do have professional indemnity insurance, it makes sense to reduce the chance of a claim against you in the first place.<\/p>\n\n\n\n

Using a simple checklist like this can help tip the balance a little more in your favour when it comes to recommending materials:<\/p>\n\n\n\n