Mr Alan Robinson
RE: PI Insurance for non-chartered engineer
Somehow, I don't think telling your client you are withdrawing your PI cover is much of a stick. To me, this is a contractual issue and is subject to the terms and conditions in any fee letter you wrote or instruction you received. Your insurance company will be the best people to ask, but to me, if you have made a cock up you will be glad of the insurance cover.
However on a more positive note, what I have done in the past is write to a client and instruct them not to proceed with any construction works until they have received a copy of the design risk assessment from me. Tell them that you will inform the local HSE office of your instruction. Then don't give them the risk assessment until they have settled the bill. You will probably have to keep an eye on the site to make sure they don't start work, but if they do start work, you simply have to phone the HSE and let them know that work is being undertaken that is not compliant with the CDM regs. It is my opinion that the HSE will be duty bound to then stop the work otherwise you may be liable. And I don't think the HSE will criticize you as you have instructed the client not to start work.
When I instructed my client to stop work, they actually wrote to the IStructE for clarification on the matter (probably with a view to making a complaint if they found my instruction to be invalid). But I didn't hear any more from the IStructE, so assume the client was politely advised to get a risk assessment. The issue didn't get as far as informing the HSE, as the reply from the IStructE appeared to do the trick.