Liability insurance for an interior design agency
An interior design practice does not only draw, it also attends during the works. As soon as you are in the client's building directing contractors, your liability moves with you.
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In brief
The distinguishing risk of an interior design practice is that you work in someone else's building while demolition, drilling and installation are going on there. A damaged poured floor, a cracked marble top, a mirrored wall falling over during installation: that is property damage to a third party and the core territory of the AVB. For injury to staff on such a site your duty of care under Article 7:658 of the Dutch Civil Codeapplies, even though your office is a drawing studio.
The boundary with the care, custody and control exclusion decides a great deal here. Property you have in your care or are working on is usually excluded. If your team works on a kitchen wall and damages that wall in the process, the argument is whether only the part worked on is excluded or the whole object. Ask expressly, therefore, about the wording of the care, custody and control clause and about any extension for property being worked on or with.
Design errors follow a route of their own. Dimensions that are wrong, a lighting scheme that does not meet the standard or a choice of material that turns out not to be fire safe leads to costs of putting matters right and delay: pure financial loss which on a professional indemnity insurance belongs. For disputes with clients about additional work, business legal expenses insurance is more practical. The general explanation is on the hub page.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four subjects that come up consistently in claims handling on interior projects.
Existing work and the care, custody and control question
An existing parquet floor, historic panelling or a newly finished plastered wall is damaged during installation. If such an element lies within the working area, the insurer can rely on the care, custody and control exclusion. Photograph the existing condition at the start, record the protective measures and agree who puts the protection in place.
Directing contractors
If you engage plasterers, cabinetmakers or installers on the client's behalf, Article 6:171 of the Dutch Civil Code can make you liable for their mistakes towards the client. Record whether you are acting as an intermediary or contracting yourself, because that determines who the counterparty is. Require liability insurance of its own from every contractor and keep those policy schedules with the project file.
Structural work and the building
An opening in a wall, a strengthened floor or heavy wall cladding affects the structure. If something goes wrong and the building or third parties suffer damage, Article 6:162 of the Dutch Civil Code also Article 6:174 of the Dutch Civil Code comes into play alongside it for the possessor of the structure. Always have structural calculations made by a structural engineer and keep the instruction for that in writing.
Fines, penalty payments and delay
Fines from a local authority, contractual penalties for late completion and the client's lost rental income are not insured on the AVB. Nor is intent and wilful recklessness covered under any policy, by virtue of Article 7:952 of the Dutch Civil Code. Build a realistic programme and a limitation of liability into your quotations, therefore.
What does your premium depend on?
- Annual turnover: including the part bought in through you
- Payroll and number of employees: decisive for employers' liability on site
- Share of site supervision: drawing only weighs less heavily than attending on site
- Type of projects: private homes, offices or hospitality and retail
- Care, custody and control cover: extended to existing work or not
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| An employee drops a tool on site onto a passer-by in the stairwell | Yes | No |
| While an opening is being made, the partition wall of the neighbouring unit cracks | Yes | No |
| A visitor to your showroom trips over a case of samples | Yes | No |
| The lighting scheme does not achieve the required illuminance and all the fittings have to be replaced | No | Yes |
| A bespoke cupboard is four centimetres too wide and does not fit the recess | No | Yes |
| A designer chair borrowed from a supplier is damaged on site | No | No |
As soon as nothing is broken but money is lost, the file moves from the AVB to professional indemnity.
Frequently asked questions
This is what people ask us most.
Our team damaged the existing floor during installation. Covered?
That depends on the care, custody and control clause. If the floor was part of the working area or you had it in your charge, the insurer can regard the damage as excluded. If the floor was outside the working area and was damaged by a dropped tool for instance, the chance of cover is greater. Ask in advance, therefore, about an extension for existing work.
Who is liable if the cabinetmaker makes a mistake?
That depends on the contractual chain. If you contracted the cabinetmaker yourself and deliver the whole to the client, the client holds you liable and you can pass it on to the maker. If you only act as an intermediary and the client contracts directly, the claim lies with the maker. Article 6:171 of the Dutch Civil Code can still affect you if the work was carried out for your business.
Do incorrect dimensions fall under this insurance?
No. A dimensional error leading to an unusable piece of furniture or to extra production costs is financial loss without injury or damage to existing property. As pure financial loss that falls under professional indemnity cover and not under this one. The AVB only comes into play if something breaks or someone is injured because of the error.
We also work on listed buildings. Does that change cover?
It mainly changes the risk, and you have to report that. Irreparable damage to historic finishes or to protected elements leads to high claims and sometimes to enforcement action by the local authority. Report this when you apply, because special circumstances that are not disclosed can have consequences for payment under Article 7:928 of the Dutch Civil Code.
Every situation is different. For these situations we have a separate page.
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