This AGS Loss Prevention Guidance is free to AGS Members. There is a charge of £50+VAT for non-members to download the guidance. For AGS members, please select your member company at checkout to download for free.

This AGS Loss Prevention Guidance is a collection of papers providing members with guidance on particular issues that could affect legal liability and financial exposure. Guidance papers address issues such as those relating to liability, contract, insurance and health & safety.

Papers published prior to 2017 (collectively referred to as the Loss Prevention Tool Kit) were reviewed in 2017 by the Loss Prevention Working Group and a practising barrister to ensure that the legal basis on which the guidance was based, and the guidance itself, was current and relevant. Where this was not the case the paper was either updated or archived by the AGS.  The contents of the Loss Prevention Guidance were similarly reviewed and updated again in 2022.

Guidance papers will be formally reviewed five yearly and issues arising since the previous review that affect the advice given and its legal basis will be addressed. This could be by the publication of an article in the Newsletter, by the preparation of a Loss Prevention Alert, and/or by the amendment or withdrawal of the relevant paper in the Guidance.

The Loss Prevention Guidance 2022 includes the below papers:

001      Limiting and Excluding Professional Liability
002      The Doctrine of Vicarious Liability
003      The Criminal Liability of Firms for the Acts of their Directors and Employees
004      The Liability of the Individual within the Contracting or Consulting Firm
005      Liability for Independent Contractors
006      Different Legal Structures/Forms for a Consulting or Contracting Undertaking
007      Understanding “Fitness for Purpose” and “Skill and Care” Obligations
008      The Law of Limitation
009      The Bare Agreement
010      The Basics of Contract
011      The Contracts (Right of Third Parties) Act
012      Common Contract Breaches Committed by Consultants
013      Consultants Undertaking Ground Investigation Contracting
014      Obligations in Tort
015      Conflicts between a duty of Confidentiality owed to a Client and a Legal or Moral Duty to assist the Authorities
016      Professional Indemnity Insurance Checklist
017      Business Liability Insurance
018      Controlling the Risks of Working Alone
019      Disclaimers in Reports
020      Alternative Dispute Resolutions
021      Adjudication
022      Sources of Advice for Expert Witnesses
023      Freedom of Information Act
024      Collateral Warranties

In addition to this formal review the Loss Prevention Working Group welcomes comment, advice or suggestions for additional guidance papers. These should be addressed to:

The Secretary Loss Prevention Working Group
AGS
Forum Court
Office 2FF,
Saphir House,
5 Jubilee Way,
Faversham,
Kent, ME13 8GD
or using the email ags@ags.org.uk

Contractual Helpline

For further help on contract and liability issues contact

Beale & Co

+44 (0) 20 7469 0400 (Please quote ‘AGS Helpline’)

Acknowledgements.

Much of the original Guidance presented here was prepared by or following review by Steven Francis. The recent legal review was carried out by Dominic Ruck-Keen. The AGS LPWG is extremely grateful for the advice from these two individuals and for the continuing support of Beale & Co. The Group also recognises the substantial efforts of many AGS members past and present in the preparation, review and publication of this series of Guidance papers. Credit to Kaya Dearnley, SOCOTEC for the front cover image.