Risk Management is the identification and evaluation of anything which may have a harmful effect or negative impact on an organisation’s business. Once such things are identified, procedures and processes need to be put in place in order to mitigate the risks. In an increasingly litigious industry, it is more important than ever to understand the impact of professional service agreements, certificates, and other contract documents on your liability and risk profile. 

Informed by Planned Cover is:

• Part of the IBL Limited Group of businesses: informed by Planned Cover, Planned Cover and Focus Underwriting
• A business offering a range of value-added services to Planned Cover clients
• A team of legally qualified Risk Managers who have a unique insight into the challenges faced by professionals in the construction industry
• Drawing on experience in insurance and construction law to provide clients with the practical assistance needed to navigate a complex industry

informed by Planned Cover provides quick and convenient access to topical short courses, live and recorded webinars, seminars and additional subscriber resources to assist and support professionals to confidently manage the rigours of professional practice and meet Continued Professional Development (CPD) obligations.

Yes. All Risk Managers have legal qualifications and hold current practising certificates.

The contract review service is limited to documents which commonly raise professional indemnity insurance issues.

The majority of reviews are of consultancy agreements to which Planned Cover clients are a party. The Risk Managers will also review additional documents which are at times used to increase consultants’ risk beyond the limits of their insurance cover.

These may include:

• Client drafted consultancy agreements;
• Your own terms and conditions;
• Sub-consultancy agreements;
• General quality certificates;
• Deeds of Novation;
• Deeds of Release;
• Confidentiality Deeds; and
• Tri-partite Deeds (usually with financiers or Government entities).

The Risk Managers are unavailable to review documents that raise mostly commercial risks or to which you are not a party, or are used by you to retain others, such as constructions contracts, requests for tender or joint venture agreements to name a few.

Contract reviews are limited to certain professional indemnity insurance concerns raised by the agreement under review. The reviews comment on three kinds of clauses:

1. clauses which raise a clear risk of infringing exclusions in your professional indemnity insurance policy, so as to render uninsured professional obligations that would otherwise be insured (e.g. broad indemnity clauses and “fit for purpose” warranties);
2. clauses which impose specific insurance requirements that your professional indemnity policy may not meet (e.g. requiring professional indemnity insurance of $20 million when you only have $5 million); and
3. clauses which conflict with yourclaimsco-operation obligations to your insurer under your professional indemnity policy (e.g. excessive confidentiality provisions which prevent you disclosing information in connection with management of notified claims).

Unfortunately, the Risk Managers unable to comment on clauses that may impact on other types of insurance, such as workers’ compensation and public liability, as this is outside the ambit of the contract review service.

Contract reviews are strictly limited to the above insurance issues. They are no substitute for legal advice and do not include advice on legal, commercial or general risks.

Seminars and webinars can be accessed through Group Seminars put on within most states each year and presented by Risk Managers of relevant construction industry topics. Informed by Planned Cover also provide a number of national Webinars on current risks to design consultants as a reduced rate for you as a Planned Cover client. Some practices may also be eligible for in-house seminars/webinars. Should you be interested in accessing these, we suggest that you discuss this with your account manager.