The Critical Role of Professional Indemnity Insurance in Below-Ground Waterproofing

With the Building Safety Act fundamentally transforming professional accountability, Professional Indemnity insurance in waterproofing has become even more essential, given the emphasis on the responsibilities of the dutyholders involved.

For specifiers navigating increasingly complex regulatory requirements, understanding the critical intersection between PI cover, professional competence, and waterproofing design has never been more vital.

The New Professional Liability Landscape

The Building Safety Act represents the most significant regulatory shift in construction since the 1980s, potentially positioning specifiers as the ‘principal designer’ dutyholders responsible for material compliance throughout a building’s lifecycle.

This expanded accountability framework means waterproofing failures can expose specifiers to substantial financial risk.

“The landscape has changed dramatically,” explains Warren Muschialli, Managing Director of Newton Waterproofing. “Specifiers and Principal Designers are now accountable for demonstrating competence in all design elements, including waterproofing. Even in an environment where Professional Indemnity Insurance is more restricted, it is still absolutely critical.”

The Act’s competence requirements demand that specifiers either demonstrate specialist expertise or appoint suitably qualified organisations. Where waterproofing falls outside proven competence or PI cover scope, professional responsibility mandates the engagement of a specialist.

The emphasis on the ‘Golden Thread of Information’ – comprehensive digital records maintained throughout a building’s lifecycle – further underscores the importance of documented competence and appropriate insurance coverage.

Understanding Financial Exposure

Waterproofing failures represent one of the highest-risk scenarios in construction. Unlike many building defects that present primarily aesthetic issues, water ingress can compromise structural integrity, create health hazards, and necessitate extensive and expensive remedial work, often requiring temporary relocation of occupants.

The financial implications extend far beyond immediate repair costs. Business interruption claims, consequential losses, and potential litigation can accumulate rapidly, with some waterproofing failures generating claims running into hundreds of thousands of pounds.

The Building Safety Act’s lifecycle approach means even defects that emerge years after initial construction can potentially trigger claims, long after project completion.

“Many specifiers are discovering that their existing PI policies may not adequately cover waterproofing specialisms,” notes Muschialli. “The Act essentially requires you to know your limitations and act accordingly. If waterproofing isn’t within your demonstrated competence, you must engage specialists who carry appropriate cover and expertise.”

Compliance with British Standards

Compliance with British Standards represents another critical dimension of professional liability in waterproofing. The Building Safety Act reinforces the importance of adherence to established standards, creating clear accountability for specifiers who deviate from recognised best practice without adequate justification.

Current British Standards for waterproofing, including BS 8102 for protection of below-ground structures against water ingress, provide detailed guidance on design principles, material selection, and installation requirements. Specifiers who fail to adhere to these standards, or who specify non-compliant products, face increased liability exposure.

“Compliance isn’t just about ticking boxes,” emphasises Muschialli. “British Standards represent the distilled wisdom of industry experts and provide a robust framework for safe, effective waterproofing design. Deviation from these standards without compelling technical justification significantly increases both performance risk and professional liability.”

The Strategic Value of Specialist Partnership

Given these challenges, partnering with specialist waterproofing companies that carry comprehensive PI insurance represents a strategic approach to risk management. Newton Waterproofing, with over two decades of continuous PI cover specifically for waterproofing design, enables specifiers to transfer design responsibility to an organisation with proven competence and appropriate insurance coverage.

“We don’t just supply products – we provide comprehensive design services backed by extensive PI cover,” explains Muschialli. “When specifiers engage our design services, they’re transferring waterproofing liability to specialists who carry appropriate insurance and demonstrate proven competence.”

Newton’s comprehensive approach includes expert support throughout the specification process, from as early as Stage 0 of the RIBA Plan of Work. All relevant products also undergo independent third-party verification to ensure compliance with relevant British Standards and Building Safety Act requirements, providing documented evidence of regulatory adherence.

With over 175 years’ of history, and decades of experience between their industry-qualified experts, Newton offers bespoke waterproofing design services backed by comprehensive PI policies.

Ensuring Professional Protection

For specifiers serious about managing professional risk while delivering superior outcomes, the combination of appropriate PI insurance and specialist partnership represents the gold standard in contemporary waterproofing specification. This approach ensures compliance with Building Safety Act requirements and provides robust protection for both the specifier and the client.

“Professional Indemnity insurance isn’t just about protecting against claims – it’s about demonstrating professional competence,” concludes Muschialli. “It demonstrates commitment to client protection. In waterproofing, where the consequences of failure can be severe, comprehensive PI cover backed by proven expertise represents essential business protection.”

Contact Newton Waterproofing today to discuss your next project’s waterproofing requirements.

Visit www.newtonwaterproofing.co.uk for specialist guidance.