Builders legal requirements when adding a basement?

[dylanp]

Hello all,
Do any members have any info on any specific legal requirements a general builder has to adhere to if/when adding a basement to a property?
My brother is a bricklayer by trade, and works as a general builder too, doing mainly extensions and loft conversions etc. Recently he has been asked to add a basement to a property, but he is unsure if he can legally venture into such a project. An info in this chaps?
His understanding is that he is required to employ a temporary structural engineer to deal with underpinning and shuttering and other structural issues. He also believes he'd be required to hold at least £2m in public liability and £10m in employers liability insurance. Other issues, such as complying with planning, building regs, and the Party Wall Act go without saying. He has all those things covered, however, it seems as though the clients buildings insurance are making additional demands, basically that the builder has to be a 'basement specialist'. Prob. is there are none of them in the area! Surely a general builder, if he/she feels suitably qualified, can consider this kind of work?
Any info on this appreciated.
Many thanks

 

[denso13]

His understanding is that he is required to employ a temporary structural engineer to deal with underpinning and shuttering and other structural issues. He also believes he'd be required to hold at least £2m in public liability and £10m in employers liability insurance.

These types of things should be covered in the contract, if their is one. Why does he think they are a requirement? Has it been stated?

 

[Norcon]

If a SE gives it the stamp of approval then its his baby.
Any cowboy can build it after that providing the plans are adhered too.

I'd tell the clients building insurance people to go take a running jump.
If the client doesn't like that, then find some other mug.

When it comes to shuttering below ground not many general builders will have the equipment, so sub it out anyway.

We try to steer clear of builders when we can as we usually end up getting nipped.
Granted we've no work on at present but you might as well sit idle as work idle. A load of cowboys in our game now undercutting.

 

[^woody^]

There are no legal requirements as such for your brother for basement work. Neither is he required to have insurance

However it seems that the client is making (and is entitled to make) their own conditions as part of using your brother or any builder ... ie must have insurance, must be a specialist etc. These are contractual and not legal.

The only civil obligation, is what is known as a "duty of care". Broadly this means that if he is trading as a builder, then he would be expected to be knowledgeable in building and associated work. If he is not then he may be sued in the civil court for damages for negligence. But that is it.

There are then the Statutory obligations for things like building regulations, gas work, health and safety etc, and contravention of these is a criminal offence (fine and/or imprisonment). But these are all compliance based, with the exception of gas work - which does require formal qualifications and accredditation

He does not have to engage specialist people (eg engineers) for anything if he is qualified ... or qualified by experience. But it does come back to the duty to know what he is doing

Anyone can be a specialist. All he has to do is say "from now on I will specialise in basements". It could be his very first basement job, but he could still call himself a specialist. Whether someone would use a specialist with no previous experience is another matter.

There are special considerations with basement work. Its not just a case of tanking, which many people seem to think is all that is involved. Design and suitability of any waterproofing system along with the structural and building regulation requirements all need considering

 

[IJWS15]

There are two kinds of insurance which are mandated by legislation.

The first which is relevant here is the legal requirement for an employer to hold employer's liability insurance with a cover of £10m so if he employs people he will have this, for a small company it is probably part of the commercial combined policy. It covers the costs of any industrial disease/injury claims from employees.

The second, only relevant for his trips to and from site, is third party insurance for his motor vehicle.

It may be prudent for him to cary other insurance but that is entirely up to him and what he agrees with the client.

 

[SaladFingers]

I'd certainly not be carrying work out in someone elses property without liability insurance. Can you imagine if something went wrong and they're chasing you for the money to put it right?

Personally I think it ought to be a legal requirement for any contractor to have it.