Eurocode update

Eurocode, EN 1990, has been changed to make sure that civil and structural engineers avoid potentially uninsurable fitness-for-purpose liabilities when using Eurocodes in the UK.

One of the original basic requirements of EN 1990, as set out in clause 2.1(1)P, was that a structure had to, “remain fit for the use for which it is required”. This has now been altered to, “meet the specified serviceability requirements for a structure or a structural element”. Amrit Ghose, chairman of the Institution of Civil Engineers' (ICE) structures expert panel said that the original version suggested a fitness-for-purpose obligation that would not be covered by professional indemnity insurance.
“The trouble arises because "fit for the use for which it is required" has a legal meaning in Britain which it does not have in mainland Europe.,” he said.
ICE's liability expert panel and the UK Association for Consultancy and Engineering (ACE) raised their concerns with BSI British Standards and the European Committee for Standardization (CEN) in autumn last year, and CEN published a corrigendum on 3 December 2008. BSI is planning to publish a corrigendum to BS EN 1990 shortly, which will be available as a free download from its Eurocodes website.
Eurocodes Expert advisory group chairman Haig Gulvanessian, who is also chairman of the EN 1990 drafting committee, said,” Following numerous meetings with ACE and discussion within CEN technical committee 250, the agreed alteration should now be acceptable.”

All professional designers should be aware that entering into contracts containing “fitness for purpose” clauses or words to that effect would breach the terms of their professional indemnity insurance. Bespoke Collateral Warranties and terms of appointment drawn up by clients solicitors often contain terms and conditions that will breach the designer’s professional indemnity insurance policies. This can the lead to both the designer and their client having no insurance cover. If presented with bespoke terms of appointment or collateral warranties professional advice should be taken before entering into contract.